Clients rightfully expect the retainer lawyer to engage zealously on their behalf. What are the limits of such representation? How does the lawfirm correctly limit its obligations to the client. It starts by following the rules for a retainer agreement or a letter of engagement set forth in 22 NYCRR § 1215.
Legal Malpractice Cases
Banished From Court and Case Dismissed
It’s seen from time to time, but rarely. Pro-se plaintiffs are deprived of the right to file a lawsuit or to file motions because the Court becomes so irritated by their filings. Strujan v Kaufman & Kahn, LLP 2019 NY Slip Op 00630 Decided on January 30, 2019 Appellate Division, Second Department is an example.…
The Shortest Opinion Ever?
Louis F. Burke PC v Aezah 2019 NY Slip Op 00557 Decided on January 29, 2019 Appellate Division, First Department may be the shortest AD1 opinion of recent memory.
Here is the entirety: “Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered January 3, 2018, which, to the extent appealed from as…
No Dismissal in Professional Negligence Case
Although really only a procedural decision,Matz v Sol Klein P.A., Inc. 2019 NY Slip Op 30166(U) January 17, 2019 Supreme Court, New York County Docket Number: 155506/2016
Judge: Kathryn E. Freed does discuss the limits of a broker’s / adjuster’s obligations. Here, Sol Klein argues that it had no responsibility to advise the insured…
Not Legal Malpractice, Not Good Practice Either
Robinson v Day 2019 NY Slip Op 30153(U) January 16, 2019 Supreme Court, New York County
Docket Number: 600907/2010 Judge: O. Peter Sherwood is an example of how even a written settlement agreement can lead to further litigation and, in this case, a claim of legal malpractice.
“In this action filed by plaintiff Adam Robinson…
A Very Long Time Ago There Was A Judgment
Judgments don’t last forever. They lapse after a number of years. This legal malpractice case tests the limits of how long plaintiff can wait to sue for legal malpractice.
Potenza v Giaimo 2018 NY Slip Op 07164 [165 AD3d 1186] October 24, 2018 Appellate Division, Second Department concerns litigation that began almost 25 years ago. …
Departure is But the First Step in Legal Malpractice
Sure, the attorney made mistakes. Heck, the mistakes were so bad the Court “excoriated” him. Good enough yet? Nope. U Joon Sung v Park 2019 NY Slip Op 30107(U) January 11, 2019
Supreme Court, New York County Docket Number: 159279/2015 Judge: Kathryn E. Freed shows that departure is merely the first step in a 4-step…
A Lot of Property Transfers, No Malpractice
No privity, no malpractice. That’s the basic lesson of 97 2nd LLC v Goldberg Weprin Finkel Goldstein LLP 2019 NY Slip Op 30021(U) January 4, 2019 Supreme Court, New York County
Docket Number: 154593/2018 Judge: Arlene P. Bluth. In this case where a nice piece of property went back and forth between developers, the attorneys…
South Street Seaport Legal Malpractice Case Just Too Late
Andejo Corp. v South St. Seaport L.P. 2018 NY Slip Op 33431(U) December 28, 2018
Supreme Court, New York County Docket Number: 655410/16 Judge: Shlomo S. Hagler catalogues a large number of fraud and fraud related claims, as well as legal malpractice claims, and discusses the elements and the statute of limitations implications for each…
Professional Negligence Not Yet Decided; Caveat Emptor Still Reigns
A house leaks. Has the seller deceived the buyer? Is the home inspector negligent? Some, but not all of the questions are answered in Kazmark v Wasyln 2018 NY Slip Op 08990 Decided on December 27, 2018 Appellate Division, Third Department.
“In August 2008, defendant Jefferey M. Wasyln (hereinafter defendant) listed his residence for sale…