Where else in the world of law might a party say that they had definitely made a mistake, and definitely departed from good practice, yet be immune?  We’re not talking about an act too many years ago, or an act that was compelled.  Here, in a familiar but fascinating story, attorney  Diarmuid White freely admits…

In the sister practice of Medical Malpractice much is similar.  The two bodies of law concern the work of professionals, each "treating" or "representing" people.  The laws of negligence apply to both, and both departure and causation must be proved at trial. 

The rules of Summary judgment, well settled, and with a history of their…

Last year brought estate v. estate attorney legal malpractice after the Schneider decision in the Court of Appeals. Today’s NYLJ brings the story of a law suit against Jacoby & Meyers and Whitehaven Financial Group for legal malpractice and usury.  They re-printed the complaint

As all know, there are lending entities that are willing to bet on…

Once upon a time there were different statutes of limitation for different ways of suing a lawyer.  The Court of Appeals recognized a 6 year contract statute and a 3 year tort statute.  The legislature changed all that, passing CPLR 324(6)  "an action to recover damages for malpractice, other than medical, dental or podiatric malpractice…

We read through this case looking for the legal malpractice connection with Gibson Dunn.  It took a while.  Take a look at this case just to see how many attorneys are listed below the caption. We think this may be a record.

When is an e-mail discoverable in a legal malpractice case?  In this instance it…

Today’s NYLJ reports a very large attorney fee arbitration award involving "Schulte Roth & Zabel  which has been awarded $1.7 million in legal fees as a result of a civil suit filed against private investment firm and former client The Belstar Group."

For the commercial details, see the NYLJ article.  Here, it seems that the…

Experts are often needed in litigation, and always in medical malpractice litigation.   Med Mal cases are lost and it is sometimes thought that they are lost because of experts.  Was the expert good enough?  Did the expert "give" the departures? 

In Healy v Finz & Finz, P.C. 2011 NY Slip Op 01616  Decided on March…

We try to read each new published Appellate Division case in legal malpractice, yet some leave us scratching the head.  In Markowitz v Kurzman Eisenberg Corbin Lever & Goodman, LLP ; 2011 NY Slip Op 01626 ; Decided on March 1, 2011 ; Appellate Division, Second Department  one defendant attorney has won and kept summary…