Attorneys sometimes say, in essence, sorry, I was wrong.  This happens far less often then one might think, but, it does happen.  When does that admission become applicable and useful in summary judgment.  The obvious answer is "after joinder of issue", but the more real world answer is found in  Vlachos v Weil ;2011…

Capogrosso v Landsman ;2011 NY Slip Op 02826 ;Decided on April 5, 2011 ;Appellate Division, Second Department  is an example of the problem of successor attorneys.  Aside from the fact that this particular plaintiff is herself an attorney, and has herself sued many attorneys (and lost), the more salient point to take from this…

In the Third Department certain types of cases seem to predominate.  One such type is tax matters.  This case,Dealey-Doe-Eyes Maddux v Schur ;2011 NY Slip Op 02763 ;Decided on April 7, 2011 ;Appellate Division, Third Department falls into that category.  A failed tax action against Fulton County, followed by a failed legal malpractice action, followed…

The Fourth Department, in what we see as strong terms, reiterated that it is always the attorney’s job to prepare the case, and that responsibility may not be shifted to the client.  Even when the client participates in the preparation it remains a responsibility of the attorney. 

In Rupert v Gates & Adams, P.C.

We had not thought about the time relations hp between legal malpractice and breach of fiduciary duty and how the first could become impossible while the second  could start, but the Fourth Department set it all out in Neuman v Frank ;2011 NY Slip Op 02215  ;Decided on March 25, 2011
Appellate Division, Fourth…

Client is a sophisticated real estate investor, and has hired attorney to do two deals already.  Both went smoothly.  Third time, client expects to lend $ 500,000 to a real estate development, and finds himself not only out the $ 500,000 but owing $ 650,000 to another lender. 

Defendant attorney says, look at the documents. …

When the statute of limitations begins to run and whether there is continuous representation is a constant problem in legal malpractice cases.  Here are two, which both illustrate the issue.  One went to the US Supreme Court (cert denied) and one was just affirmed at the AD level.  Both were brought by dedicated practitioners and…

The decision in Harvey v Greenberg ;2011 NY Slip Op 02546 ;Decided on March 31, 2011 ; Appellate Division, First Department  is the second appellate decision in a new line of cases which turn the "effectively compelled to settle" standard on its head.  Here the question is whether an allouction after settlement of a…