Legal Malpractice Cases

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

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

In Komolov v Popik  2020 NY Slip Op 30909(U)  April 7, 2020 Supreme Court, New York County Docket Number: Index No. 155100/2017 Judge: Barbara Jaffe determines that both prior Supreme Court judges and Appellate Division panels made fundamental mistakes.  They each inconsistently ignored a written contract.  They each applied incorrect standards to determining motions