New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Basics

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Judiciary Law 487 Article in the New York Law Journal

Posted in Legal Malpractice Basics, Uncategorized
We’re proud to present our “Judiciary Law § 487 Suffers an Earthquake” article from today’s New York Law Journal.  It discusses the recent sweep of JL § 487 law, including Bounkhoun v. Barnes et al., Case No. 15-cv-631A,  which now awaits a decision by District Judge Joseph Arcara whether to accept the recommendation. A recent Judiciary Law §487 case… Continue Reading

No Damage, No Claim, No Case

Posted in Legal Malpractice Basics
Maroulis v Sari M. Friedman, P.C.  2017 NY Slip Op 06437  Decided on September 13, 2017 Appellate Division, Second Department is a textbook example of why approximately 40% of Judiciary Law § 487 cases are dismissed.  The Courts don’t really like them, and lack of damages proximately caused by the violation is the stated reason.  Here, the legal… Continue Reading

Proofs in Summary Judgment

Posted in Legal Malpractice Basics
Schmidt v One N.Y. Plaza Co. LLC 2017 NY Slip Op 06047 Decided on August 8, 2017 Appellate Division, First Department is not a legal malpractice case, but it is a well written decision setting forth how experts battle in a summary judgment case.  Plaintiff slips/falls from a ramp while at work.  His job is to lead… Continue Reading

Breach of Fiduciary Duty, Corporations and Shareholders

Posted in Legal Malpractice Basics
Yesterday, we spoke about commercial litigation, intra-company claims and how minority shareholders can bring claims that attorneys for the corporation or the majority shareholders have wronged them.  Yesterday, it was “legal malpractice.”  Today it’s “breach of fiduciary duty.” Exeter Law Group LLP v Wong  2016 NY Slip Op 32425(U)  December 9, 2016 Supreme Court, New York County Docket… Continue Reading

Their Statute or Ours…It’s Too Late

Posted in Legal Malpractice Basics
Centre Lane Partners, LLC v Skadden, Arps, Slate, Meagher & Flom Llp  2016 NY Slip   Op 32136(U)  October 21, 2016  Supreme Court, New York County  Docket Number: 651721/16 Judge: Barry Ostrager  explains the borrowing statute in the dismissal of this legal malpractice case which took place in Oregon. “The underlying facts are as follows. For many… Continue Reading

The Emotion of Attorney Fees

Posted in Legal Malpractice Basics
It is almost universally said at Legal Malpractice (or Professional Responsibility) CLEs that suing your clients for legal fees not paid is the surest source of a legal malpractice counterclaim.  Legal fee billing appears, anecdotally, to be the largest category of litigation involving attorneys. Exeter Law Group LLP v Immortalana Inc.  2016 NY Slip Op 31913(U)… Continue Reading

The Exercise of Ordinary Intelligence

Posted in Legal Malpractice Basics
The Appellate Division was shockingly clear in its enunciation of this standard, with which we were not familiar.  Plaintiffs created a unique investment strategy, and marketed it.  The IRS found fault, and assessed promoter penalty fines in excess of $7 Million.  Defendant law firm filed a bankruptcy petition, and the litigation started.  Unfortunately for Plaintiffs,… Continue Reading

The Difference Between Malpractice and Negligence

Posted in Legal Malpractice Basics
They’re the same, no?  Well, no.  Malpractice is the negligence of professionals, and simple negligence is the failure to use reasonable means.  However, Judge Mendez does a much better job of explaining in All Craft Fabricators, Inc. v Syska Hennessy Group, Inc.  2015 NY Slip Op 32239(U)  November 23, 2015  Supreme Court, New York County  Docket Number:… Continue Reading

A Small Case Bears Many Lessons

Posted in Legal Malpractice Basics
Sometimes short and concisely written opinions contain much information.  The basics of  Jefferson Apts., Inc. v Mauceri  2016 NY Slip Op 26230  Decided on July 25, 2016  Supreme Court, Queens County  Ritholtz, J. are simple.  An accounting firm is hired to oversee the basic accounting needs of a corporation.  Lots of money is missing.  It… Continue Reading

A Lot of Really Unhappy Clients Left Behind

Posted in Legal Malpractice Basics
Attorney licensed in NY and California forms a partnership with a non-attorney to represent home owners under water across the country.  Around 2011 the attorney goes to Hawaii to change his name from Sean Alan Rutledge to Alan Frank.  During this period of time his legal practice in California is unraveling. "Respondent’s disciplinary proceedings in… Continue Reading

An Overly Generous Decision is Pruned Back, Plaintiff Still Loses in Legal Malpractice

Posted in Legal Malpractice Basics
Relentlessly applying analysis to the "but for" portion of a legal malpractice claim, the 2d Department modified a CPLR 3211 decision by Supreme Court.  Here, it reversed dismissal under CPLR 3211(a)(1) yet the case remains dismissed under CPLR 3211(a)(7) because the client could not pay the mortgage. in Cervini v Zanoni ;  2012 NY Slip… Continue Reading

Retired Attorneys, Legal Malpractice and Professional Responsibility

Posted in Legal Malpractice Basics
Anthony E. Davis of Hinshaw & Culbertson LLPm is a well known practitioner in the Professional Responsibility field. He is the past president of the Association of Professional Responsibility Lawyers, a columnist in the New York Law Journal and an expert witness. He writes today on the question of retired attorneys in New York who… Continue Reading
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