Attorneys are given the benefit of the doubt in many “strategic” decisions.  Which witnesses to call, which questions to ask, which expert to use.  These are all routinely held to be part of the “art” of trial, which is not a “science.”

Roth v Ostrer  2018 NY Slip Op 03218 [161 AD3d 433] May 3,…

Criminal defendants cannot successfully sue their criminal defense attorneys if they are striving to show that their criminal conviction was a result of legal malpractice.  This is a principle set forth by the Court of Appeals in Carmel v. Lunney.  

However, Sehgal v DiRaimondo 2018 NY Slip Op 06619 [165 AD3d 435]
October 4,…

Settlements of civil legal actions are a good thing as well as completely necessary.  Sit in the Jury Coordinating Part in Kings County for a day, and you will see 250+ cases being called.  That’s 250 cases every day.  There might be 30 judges available to try a case in Kings County.  Doing the math…

A retainer agreement may be required by various NYS rules, but lack of one will not make attorney fees collectible.  On the other hand, a specific retainer agreement may limit liability for failure to undertake other litigation.  Flusser v Bikel 2019 NY Slip Op 32847(U) September 24, 2019
Supreme Court, New York County Docket Number:…

Suing an attorney where there was no direct relationship – privity- is impermissible in legal malpractice settings unless the conduct complained of falls within the very narrow exception of “fraud, collusion, malice or other special circumstances.”  Here, the conduct fell into this “narrrow” exception.

A legal malpractice case must be commenced within three years of…

Clients and attorneys all too often focus, almost entirely, on the “mistake” made in a legal malpractice setting, while giving little thought to the “but for” element.  What would have happened if the mistake had not been made.  762 Westchester Ave. Realty, LLC v Mavrelis 2018 NY Slip Op 08452 [167 AD3d 684] December 12,…

A building owner wants to convert from office space to residential.  An architect is hired.  Someone forgets to determine whether air rights remain with the building or have previously been sold.  Problem!

140 W. 57th St. Bldg., LLC v Falconer  2019 NY Slip Op  2768(U)  September 18, 2019 Supreme Court, New York County Docket Number:…

Greenstreet of N.Y., Inc. v Davis  2018 NY Slip Op 07837 [166 AD3d 470]
November 15, 2018 Appellate Division, First Department illustrates how requirements for privity or near-privity are analyzed by the AD.

“Whether characterized as professional malpractice or negligent misrepresentation, the central issue is whether plaintiff has sufficiently alleged a relationship of privity with…