Whether an attorney departed from good practice sometimes turns on whether the attorney actually had an obligation to deal with a particular issue. Whether the attorney was supposed to deal with that particular issue turns on the scope of the agreement between the attorney and the client. Attorneys are required to do adequate work when
Legal Malpractice Cases
A Very Sad Allegation From a Famous Actor
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Legal and professional malpractice cases engender two views. One is the transactional view which we often discuss. We talk about the statute of limitations, the specificity of allegations and privity. The second view is that of the victims of poor professional work. Their story is often left out of the analysis. In Herrmann v CohnReznick …
Bedrock Legal Principles in a Shaken Foundation Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Cohen v Sive, Paget & Riesel, P.C. 2017 NY Slip Op 32295(U) October 27, 2017 Supreme Court, New York County Docket Number: 154650/2013 Judge: Jennifer G. Schecter applies black-letter law to a shaken foundation legal malpractice case, leaving the legal malpractice claims standing, and the ancillary causes of action dismissed.
“In 2004, the Cohens’ neighbors–the…
Case Not Saved by Stipulation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
A stipulation which stated that the statute of limitations would not be asserted failed to stop the assertion of the statute of limitations in Dineen v Pratt 2017 NY Slip Op 07590 Decided on November 1, 2017 Appellate Division, Second Department the first half of which we reported on yesterday.
“In a consolidated action and…
Behind Every Great Fortune Lies Years of Sibling Litigation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Reading legal malpractice cases brings up a wealth of sociological issues. Sibling v. Sibling and Parent v. Child issues in families with significant assets are recurring themes. Dineen v Wilkens
2017 NY Slip Op 07589 Decided on November 1, 2017 Appellate Division, Second Department is a prime example. Dad amassed a large farm, and tried…
Attorneys Move From Place To Place
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Attorneys and cases move from law firm to law firm. How does that affect the statute of limitations for legal malpractice when attorney takes on case, moves to law firm 2 and then leaves the case behind there? Cordero v Koval Retjig & Dean PLLC 2017 NY Slip Op 05036 [151 AD3d 587]
June 20,…
One Can’t Wait Too Long To Amend
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Amendments should be freely given, yet in Daniel R. Wotman & Assoc., PLLC v Chang
2017 NY Slip Op 02141 [148 AD3d 571] March 23, 2017 Appellate Division, First Department the court below correctly decided not to exercise its discretion when the proposed amendment comes far into the case.
“In this action commenced by plaintiff…
The Issue Is Raised, But No Decision is Issued
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Judiciary Law 487 is tantalizingly raised, but not resolved in Solomon v Silverstein
2017 NY Slip Op 51400(U) Decided on October 11, 2017 Supreme Court, Richmond County
Minardo, J., the story of two sisters feuding over the care and assistance of their mother. Mom deposited $ 40,000 and the question is whether the two daughters…
Several Straightforward Lessons from the First Department
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
O’Neal v Muchnick Golieb & Golieb, P.C. 2017 NY Slip Op 03125 [149 AD3d 636] April 25, 2017 Appellate Division, First Department is notable for several terse lessons. They were set forth in bullet fashion in the opinion:
“The allegation that, while representing plaintiff in the assignment-of-lease negotiations, counsel secretly represented the counterparty so as…
Suing The Expert When It All Goes Wrong
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
The expert comes into trial and is subject to cross-examination. When that cross-examination hits home, and the court precludes some of the expert testimony, or fails to qualify the expert, or the expert has to admit that it did not examine or consider some piece of evidence, then things will not go well for the…