It’s a trick question. The answer is always those that are relevant, material and cannot be obtained elsewhere. In the Fourth Department, this case states the rule:Riordan v Cellino & Barnes, P.C.
2011 NY Slip Op 03769 ;Decided on May 6, 2011 ; Appellate Division, Fourth Department
"Memorandum: Plaintiffs commenced this legal malpractice…
Legal malpractice is ubiquitous. All social classes are potential litigants, and almost every human endeavor (which interact with the law) will have incidences of legal malpractice. We are reminded of the New Yorker cartoon in which a small boy cries over a dropped ice cream cone, and a suited man asks "Do you need an…
In re: Teligent, Incorporated, Debtor v. K&L Gates LLP, 10-2257-bk (L);U.S. Court of Appeals, Second Circuit Bankruptcy is an odd case. It combines elements of bad faith litigation, Mary Carter agreements, bankruptcy dealing and huge sums. A"’Mary Carter" agreement can give the "settling" defendant a financial interest in the remainder of the plaintiff’s case and…
Legal malpractice litigagnts, as well as most other plaintiffs, would like to bring a case where they live. It’s convenient, it’s more likely favorable, and it’s easier. However, a case which took place in a neighboring state may not be proper to bring in NY. Here is an example. In Paolucci v Kamas
2011 NY…
In Law Offs. of D’amico & Assoc., PLLC v D’Elia ; 2011 NY Slip Op 21160 ; Decided on April 26, 2011 ; Appellate Term, Second Department attorney (plaintiff) has sued client (defendant) for fees, while at the same time attorney (defendant) is being sued for legal malpractice in Supreme Court by Client (plaintiff.) What…
Legal malpractice litigation is a complicated matter, with the need to prove hypothetical outcomes, requirements for experts, and proofs that things would have come out differently. It is not for the faint of heart. Pro-se litigants do poorly here.
In Kovitz v Wenig, Ginsberg, Saltiel & Greene, LLP ; 2011 NY Slip Op 50768(U) ; …
LOK PRAKASHAN, LTD. -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.
What is a question of judgment? " "A…
We are often struck by the human element and how it interacts with the institutional element of litigation. Schedules are packed, attorneys have many cases, court dates go unrecorded, attorneys just don’t show up for conferences, and yet the cases go on. We believe that even in a successful case for one side or the…
The hiring and firing of attorneys (or their reaction to being fired) is its own field of law. Collection of legal fees and arguments over whether the client got good value for the monies paid is a constant meme in legal malpractice.
Good cause for termination is not the same as malpractice. Attorney malpractice, the…
In this medical malpractice case (first cousin to legal malpractice) Judge Lobis of Supreme Court, New York County discusses how a seemingly good defendant’s Motion for Summary judgment fails and why battling about the Note of Issue was a waste of everyone’s time.
DeSantis v Zito ; 2011 NY Slip Op 31059(U) ; April 24…
