New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice News

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Privity May Be The Most Important Element in Legal Malpractice

Posted in Legal Malpractice News
Legal Malpractice is an  attorney’s failure to use minimally adequate levels of care, skill or diligence in the performance of representation of the client, causing harm. In New York, attorney malpractice is defined as a deviation or departure from good and accepted legal practice, where the client has been proximately damaged by that deviation, but… Continue Reading

Several Important Lessons in a Workers’ Compensation – Personal Injury Legal Malpractice Case

Posted in Legal Malpractice News
A frequently recurring legal malpractice issue arises when one law firm handles a workers’ compensation case arising from a personal injury.  One such example is  Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP  2015 NY Slip Op 04819  Decided on June 10, 2015  Appellate Division, Second Department.  There are three lessons to be… Continue Reading

Does the Document Conclusively Defeat the Legal Malpractice Case?

Posted in Legal Malpractice News
Divorce proceedings lead to a large number of legal malpractice inquiries.  They are generally in the nature of “I did not get enough/gave too much in the divorce.  Is it legal malpractice?   Sometimes it is.  In Tanenbaum v Molinoff  2014 NY Slip Op 04186 [118 AD3d 774]  June 11, 2014  Appellate Division, Second Department it was… Continue Reading

A Huge Battle in a Lower Court Exceeds its Usual Jurisdictional Limits

Posted in Legal Malpractice News
Jeffrey M. Rosenblum, P.C. v Casano  2014 NY Slip Op 51629(U) [45 Misc 3d 1218(A)] Decided on November 19, 2014   District Court Of Nassau County, First District  Fairgrieve, J. is an example of what happens when law firms sue to obtain payments.  They trigger lots of litigation and almost always. a legal malpractice counterclaim.  Here, in… Continue Reading

The Melcher Replica Kitchen

Posted in Legal Malpractice News
Sometimes a cigar is simply a cigar, and sometimes plaintiffs have to produce wildly expensive trial props.  In Melcher v Greenberg Traurig LLP 2015 NY Slip Op 30855(U)  May 18, 2015  Supreme Court, New York County  Docket Number: 650188/2007  Judge: O. Peter Sherwood a scene not unlike the Pumpkin Papers case unfolded.  Here is Judge Sherwood… Continue Reading

How Can This Happen?

Posted in Legal Malpractice News
Commercial client hires a law firm to litigate its claims against a municipality.  The law firm fails to file a Notice of Claim and similarly fails to file a motion seeking leave to file a late notice of claim.  The worst is yet to come.  The law firm has allowed its malpractice insurance to lapse,… Continue Reading
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