A client walks into the office and tells you he was hurt.  You discuss his situation, and tell him that you will not take the case.  You hand him a letter saying you will not be taking the case.  Can there be liability when he later discovers that he could have sued the City of…

Legal malpractice plaintiffs rarely get procedural wins.  Fernandez v McCarthy  2020 NY Slip Op 03079  Decided on May 28, 2020 Appellate Division, First Department is an exception.

“Under the circumstances, we find that, although plaintiff delayed in seeking an extension of his time to re-serve the complaint, the motion court appropriately exercised its discretion when…

This is an attorney v. attorney case in which it is alleged that defendants withdrew from defending plaintiff in a disciplinary action and then engaged in a campaign to sully his name.  Bearing in mind that plaintiff is both an attorney and pro-se, the outcome of this motion to dismiss is not particularly surprising.  As…

Lawyers are, if nothing else, inventive.  A claim against another lawyer is almost always subject to legal malpractice analysis, and with that, legal malpractice standards.  Claims of fraud, breach of contract, breach of fiduciary duty, intentional infliction of emotional distress, libel, slander, prima facie tort, and even more.  Nevertheless, courts almost always revert to the…

Litigators should read Garr Silpe, P.C. v Gorman  2020 NY Slip Op 31517(U)  May 20, 2020  Supreme Court, New York County  Docket Number: Index No. 650247/2017
Judge: Kathryn E. Freed and consider whether how to address the Court on the issue of “fundamental fairness.”

“”Under the doctrine oflaw of the case, the parties or those…

it is neither novel, nor a surprise that legal malpractice might come up in a complicated trust/estate/real estate/debtor-creditor case.  Here, a valuable building in the meatpacking district of New York City was at issue. Romanoff v Trustees of the Sheryl Romanoff Irrevocable Grantor Trust. 2020 NY Slip Op 31150(U) May 4, 2020 Supreme Court, New…

Matrimonial legal malpractice cases are difficult for plaintiff.  Generally they end in a settlement and courts have held that mere settlement (even if effectively compelled by mistakes of counsel) will not permit a legal malpractice case to be brought.  Other courts have held that the allocution which generally  accompanies an in-court settlement serves to immunize…

Amtrust N. Am., Inc. v Pavloff  2020 NY Slip Op 31005(U)  April 23, 2020 Supreme Court, New York County  Docket Number: Index No. 156855/2019 Judge: Andrew Borrok is a wonderful recapitulation of how “but for” causation, proximate cause, allegations of damage in a pre-answer motion to dismiss should be handled.  All too often, judges require…