Attorneys automatically obtain a charging lien by commencing an action.  There are several ways to lose that lien.  One is to be terminated "for cause" and another is to withdraw voluntarily.  This is different from being "consented out" or by withdrawing with mutual consent.  In Nassour v Lutheran Med. Ctr. ;2010 NY Slip Op…

The decision is somewhat short on details, but points to the most unique part of legal malpractice litigation.  When lawyers are sued for their professional acts, plaintiff must prove that "but for" the attorney’s acts there would have been a better or more favorable outcome.  In Millennium Import, LLC v Reed Smith LLP ;2010…

This story of a likely ponzi scheme in the investments field took place between family members.  Plaintiff gave his in-law $ 295,000 to invest.  When he became troubled by the lack of documentation, he demanded his money back.  A transfer of $ 250,000 (he took a real loss) came to him.  Trouble came with the…

We read this story about the largest firm in Florida going through some changes.  As bad as having the First Named Partner being suspended from the practice of law, and the name of the firm changing to reflect that reality, this story from Law.Com is even worse:

"MIAMI – Adorno & Yoss, one of Florida’s…

Prisoners are frequent consumers of legal services, yet lack many of the abilities to enforce, cajole, or otherwise make sure post-trial, post-plea or appellate work is performed, and performed on time.  Many are the complaints that attorneys were paid, and the work was not done for years, if done at all.  Compounding the problem for…

Experience in listening to potential legal malpractice litigants tell their story reveals the darker side of many of society’s institutions: family, marriage, friendship.  This case,Benedict v Whitman Breed Abbott & Morgan ;2010 NY Slip Op 07704 ;Decided on October 26, 2010 ;Appellate Division, Second Department arises from a "family matriarch" who refused to…

Attorneys are hired and fired, and new attorneys take over.  Almost by definition, the new attorneys take on cases that have already been handled, either well or badly by predecessors.  How does this affect later communications with the client, especially in a legal malpractice setting?

in Soussis v Lazer, Aptheker, Rosella & Yedid, P.C.;2010…

Statute of limitation issues are especial difficult in transactional legal malpractice calculations.  In litigation legal malpractice, the last date of representation is generally not too hard to agree upon.  Here, in Elizabeth Arden, Inc. v Abelman, Frayne & Schwab , 2010 NY Slip Op 51836(U) Decided on October 22, 2010; Supreme Court, New York County…