Transactional attorney engaged in lending deals gets a release from the parties.  Of course, litigation between the parties ensues, and the attorneys get roped in.  When and under what circumstances is the release good?  Does there have to be consideration from the attorney to the parties?  Must it be a real exchange of $$ ?…

Here is a short, pungent and dispositive decision by the Appellate Division, Second Department in Zito v Fischbein Badillo Wagner Harding  ; 2011 NY Slip Op 00285 ; Decided on January 20, 2011 Appellate Division, First Department.
 

We’ve seen a "charging lien" utilized as res judicata against a subsequent legal malpractice case, but the…

The question of whether there is a different statute of limitations for fraud or breach of contact when dealing with attorneys often arises.  After all, it is a 6 year statute everywhere, is it not?  The short answer is "no" and the longer answer is that the legislature gave attorneys special protection.  After the Court…

This disciplinary proceedings makes for a shocking read.  This attorney went from a successful practice, to a legal malpractice claim, to a huge judgment against him in Federal Court, to the twists and turns which led to incarceration.  Why?  Because of a lie in a resume.  in Matter of Dorfman ;2011 NY Slip Op…

Cruciata v Mainiero ;2011 NY Slip Op 50066(U) ;Decided on January 14, 2011 ;Supreme Court, New York County ;James, J.  is a very interesting example of the premise that if you keep showing up and keep at it, a better result may very well follow.  In this case, a matrimonial action, plaintiff was awarded a…

Client is misdiagnosed with breast cancer.  Typically the misdiagnosis is that the doctor missed the cancer.  Here it was the opposite.  The doctor is alleged to have found a false positive diagnosis.  Ms. Kremen underwent unnecessary bilateral mastectomy.  There was no cancer.

She hired the Benedict Morelli firm to sue.  The case was eventually…

Venue is the "where" of legal malpractice’s five W’s.  Venue is determined by who is bringing the action, what the cause of action consists of,  How is venue determined.  In NY jurisprudence the short answer for most cases is where one of the parties resides.  Some times it is where the wrong was committed.  Here in…

We’re proud to announce that our article "Legal Malpractice, Retaining and Charging Liens" was published in today’s New York Law Journal.  It’s about the issue most close to the hearts of attorneys, fees.  What happens at the end of the attorney-client relationship and how are fees worked out?  Read on…