Legal Malpractice Basics

Legal Malpractice claims accrue at the time a mistake is made.  The Statute of limitations  in legal malpractice, three years, is a difficult and high barrier to overcome.  Continuous representation may toll the running of the statute, but social policy has set a number of elements required for continuous representation to be permitted.  Stein Indus.,

What is discoverable and what is not discoverable in a professional negligence setting influences the viability of the claims.  Attorney-Client privilege, work-product privilege and burdensomeness are all considerations in whether the material is discoverable.  Judge Shulman gives a cogent explanation of the competing arguments in American Med. Alert Corp. v Evanston Ins. Co.
2018 NY

Professional malpractice, other than for physicians and some medical providers is three years.  Even with tolling for continuous representation, that three years can go by very quickly.  In Schembre v Saggese  2018 NY Slip Op 30191(U)  February 1, 2018  Supreme Court, New York County  Docket Number: 656328/2016  Judge: Saliann Scarpulla too much time went by

Accountants and stock-financial advisers are professionals for the purpose of the statute of limitations.  For this reason the doctrine of “continuous representation” can apply.  Reville v Melvin Ginsberg & Assoc.  2017 NY Slip Op 30821(U)  April 20, 2017  Supreme Court, New York County  Docket Number: 152167/2015  Judge: Joan M. Kenney gives some explanation on how

Last week we discussed how the First Department differs in its handling of Judiciary Law § 487 cases.  Here in Gorbatov v Tsirelman  2017 NY Slip Op 07979  Decided on November 15, 2017
Appellate Division, Second Department  is a further lesson, this time from the Second Department.  Conspicuously missing here is any language of delinquency. 

The jury system, along with the CPLR structure of motions and appeals can be cumbersome, long, but ultimately comforting.  In contrast, the arbitration system plays to a single individual or tribunal, with no margin for reassessment.  So went a case reported in the New York Law Journal, and sometime in the future will be determined

Privity between client and attorney is mirrored by the doctrine of the lack of a doctor-patient relationship.  Forget that there was a failure to diagnose breast cancer, and that the result can be deadly.  Social policy of limiting suits between patients and remote medical providers as well as the social policy of limiting legal malpractice