Legal malpractice issues, and definitely attorney-client privilege issues arise in Estates.  They can come up prior to death, by virtue of the death or afterwards, but in each instance there is a question of the relationship of the estate and the attorney, and who is now the “client” in terms of rights and privileges between…

There is nothing new about the requirement that a defendant show both a reasonable excuse for the default as well as a meritorious defense to the action when seeking to vacate a default judgment.  Neely v Felicetti
2019 NY Slip Op 08282  Decided on November 14, 2019  Appellate Division, First Department simply repeats this ancient…

Personal injury law is rife with violations of the Judiciary Law.  Cases over the years have identified “runners” who go to accident sites and hospital ERs to get clients, payments of cash to clients, promises to “fund” the case and improper solicitations.  Ginarte Gallardo Gonzalez & Winograd, LLP v Schwitzer  2019 NY Slip Op 33275(U) …

This multi-million dollar fraud led to convictions and a claim against Katten Muchin.  Nevertheless, too much time has gone by and Katten is off the hook.  Wimbledon Financing Master Fund, Ltd. v Hallac  2019 NY Slip Op 33281(U)  November 4, 2019  Supreme Court, New York County
Docket Number: 652769/2018 Judge: Saliann Scarpulla discusses two interesting…

Many cases are lost, across the spectrum of legal issues, for procedural issues.  It is especially poignant to see a legal malpractice case lost on service of process issues. Gengo v Storms  2019 NY Slip Op 02504 [171 AD3d 709]  April 3, 2019  Appellate Division, Second Department presents such a situation.

“On October 23, 2016,…

Legal malpractice comes up in any number of underlying settings.  In NYC real estate, zoning and building department violations are frequent contenders for legal action, hence frequent contenders in legal malpractice cases.  Bakcheva v Law Offs. of Stein & Assoc.  2019 NY Slip Op 00844 [169 AD3d 624] February 6, 2019 Appellate Division, Second Department…

As we discussed on Friday, how and when “continuous representation” is applied depends more on the judge or appellate panel hearing the case than on time-honored well-understood rules.  Schrull v Weis
2018 NY Slip Op 07769 [166 AD3d 829] November 14, 2018 Appellate Division, Second Department demonstrates that continuous representation may be applied idiosyncratically.

“On…

When does representation by an attorney end?  Is it when there is friction between client and attorney?  Is it when the attorney unilaterally withdraws?  Is it when the attorney is granted a withdrawal by the Court?  Courts are all over the place on this issue.

Courtney v McDonald  2019 NY Slip Op 07856  Decided on…