In the distant past, breach of contract cases against attorneys carried a 6 year statute of limitations, but that all ended long ago.  A claim of fraud is also due a 6 year statute of limitations and may be rewarded by treble damages.  Clients often ask whether a claim can be made against the attorney…

Today’s New York Law Journal has an interesting article which discusses the Pre- and Post-Amalfitano v. Rosenberg status of Judiciary Law § 487 cases.  The conclusion of Herrington and Miller is that JL § 487 cases are on the rise, and courts are less willing to dismiss them at the beginning of the case.  …

Kerley v Kerley  2015 NY Slip Op 06891  Decided on September 23, 2015   Appellate Division, Second Department is a tragic story.  What the Court portrays as a good mom, and a troubled dad ends in divorce and financial ruin.  Father blew through $1 Million and was in drug rehab, was a gambler and when it…

The least understood part of legal malpractice litigation is the “but  for” standard, in which Plaintiff must demonstrate that “but for” the negligence (or departure) of the attorney, plaintiff would have enjoyed a better or more economically favorable outcome.  In most instances plaintiff correctly recognizes the departure, and the damages are often self-evident.  This is…

Attorneys who are the subject of counter-claims of legal malpractice often denigrate the quality of the counterclaim by arguing that it merely a reflexive way of not paying their bill.  Sometimes they are right, which devalues the balance of well-pleaded legal malpractice claims.  Sometimes the threat of a legal malpractice case has even shakier footing.  …

Balestriere PLLC v Banxcorp   2014 NY Slip Op 32941(U)  November 17, 2014  Supreme Court, New York County  Docket Number: 650919/10  Judge: Joan A. Madden is yet another example of how an attorney fee-dispute can morph into a much larger case, and sometimes a real problem for the attorney.

“The Firm was retained by defendants in…

Harris Beach PLLC v Eber Bros. Wine & Liq. Corp.  2014 NYSlipOp 06704 [121 AD3d 1524]
October 3, 2014  Appellate Division, Fourth Department is an interesting case in which the Third Department briskly reversed the order of Supreme Court.  Harris Beach is a large powerful upstate law firm, and it sued for close to…

Sometimes what appears to be a clear and convincing description of a mistake by an attorney fails to elicit approval from Supreme Court or from the Appellate Division.  One reads the introduction to a decision, and it’s almost -wham- “that sounds like a real departure”.  Then you read the balance of the decision, and the…