As many defense attorneys in legal malpractice settings argue, the legal malpractice claim often arises in response to an attorney’s action for fees, that is, as a counterclaim.  The attorneys always say that the legal malpractice counterclaim is a reflex, and a poorly disguised one, and is there merely to try to avoid paying fees.…

Attorneys file a complaint and represent clients.  Opposing parties are unhappy and eventually claim JL 487 violations.  Events continue in two cases at once.  The original case goes to trial and appeal.  The Court finds for plaintiffs, which undercuts defendants JL 487 claims.  What is the effect?

Ehrenkranz v 58 MHR, LLC  2015 NY Slip…

We’re continuing to review last years JL 487 cases.  Del-Star Jewelry Corp. v Davidov  
2015 NY Slip Op 31106(U)   June 25, 2015  Supreme Court, New York County  Docket Number: 160690/2013  Judge: Ellen M. Coin is next.  Here, third-party defendant attorneys represented opposing parties and deceitfully told the bankruptcy trustee that “any judgment against [Davidoff] would…

It seems to be a simple question.  What is the statute of limitations for legal malpractice?  After all, the Court of Appeals decided the issue squarely in Melcher v Greenberg Traurig, LLP  2014 NY Slip Op 02213 [23 NY3d 10]  April 1, 2014 Read, J. Court of Appeals.  “Thus, even if a claim for attorney…

Judiciary Law 487, which is “not lightly” applied to attorneys resulted in a finite set of cases during 2015.  Over the next month we will review all of the cases, and try to determine the trends.  Today, we look at  Armstrong v Blank Rome LLP;  2015 NY Slip Op 01755 [126 AD3d 427]
Decided on…

On the macro level, both areas concern professionals doing a less than maximal job.  On a micro level, the rules are similar.  A relationship, a departure and damages.  How and when to apply the rules differs, as is seen in Alksom Realty LLC v Baranik  2015 NY Slip Op 50869(U) [47 Misc 3d 1227(A)]  Decided…

We predict that Facebook, Inc. v DLA Piper LLP (US)  2015 NY Slip Op 09602  Decided on December 29, 2015  Appellate Division, First Department   will turn out to be a highly cited and influential case in 2016.  The general sentiment, even in the face of conduct strongly suggesting deceit is basically to look the other…

It appears that there is a higher standard for Judiciary Law 487 than any other part of the common law.  Remember, JL 487 is the common law of the State of New York, and is not “merely” a statute. (Melcher v. Greenberg Taurig LLP.).  Yet, the standard is actually higher. Chowaiki & …