Legal Malpractice Basics

Professional negligence is different in different professions.  Attorneys are held to a standard of practice which requires them to to engage in greater background investigation than do the rules for accountants.  Deane v Brodman  2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021
Appellate Division, First Department discusses whether an accountant may rely

The Second Department rarely reverses summary judgment in a legal malpractice setting.  Of that subset of rare reversals, matrimonial legal malpractice is a very small portion.  Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.

“The plaintiff commenced this action alleging,

In the legal malpractice setting, continuous representation is well understood.  In the medical setting, continuous treatment is well understood.  The rationale is that it is better for a client/patient to stay with the professional and try to fix the mistakes/problems rather than litigate.  So it is with professionals such as architects.

Jeffrey Berman Architect v

The dreaded thin letter is no different from the short appellate decision.  It bodes poorly for the applicant.  Bautista v Hach & Rose, LLP  2019 NY Slip Op 07528 Decided on October 22, 2019 Appellate Division, First Department.  Here is the entire decision (no edits):

“Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October

Jean v Chinitz  2018 NY Slip Op 05521 [163 AD3d 497] July 26, 2018
Appellate Division, First Department holds that merely hiding one’s malpractice is not deceit.  Attorneys allowed three discovery demands to go unanswered and suffered dismissal.  There were not exactly forthright with the client.  However, some non-legal malpractice were dismissed.

“In its February