Legal Malpractice Cases

In an extremely detailed analysis, the Second Department illustrates the difference between NY and Delaware attorney-privilege law in Askari v McDermott, Will & Emery, LLP  2019 NY Slip Op 08547 Decided on November 27, 2019 Appellate Division, Second Department
Austin, J., J.

“The attorney-client privilege is the oldest of the privileges for confidential communications known

Judge Billings untangles a complicated web of courts, causes and conclusions in Alphas v Smith  2019 NY Slip Op 33427(U) November 15, 2019 Supreme Court, New York County Docket Number: 155790/2015.  Questions of when the representation began, who has privity, what was the scope of the representation and did other attorneys cut off the liability

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

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,