Client from outside New York is sued in Federal Court in New York. Client hires a NY attorney, and then the case shifts focus to a London Arbitration. When does the billing in NY end, when does the London case take over, and what happens when there is a billing dispute later? Justice Edmead’s decision
Legal Malpractice News
Fraud and Avoidance of Fees in California and New York
In today’s NYLJ article by Drew Combs we see the interim outcome we see the basic outline of the attorney-client relationship gone bad.
"A California venture capitalist who has admitted to bribing New York state pension officials has sued Gibson Dunn & Crutcher over $1.3 million in fees the firm seeks for representing him during…
So, a plane crashed into your house? Is it Legal Malpractice?
This story about a Kentucky case comes from the Legal Profession Blog.
"A high school English teacher was sitting in her living room when a small plane hit the roof of the second story of her home. She suffered no direct physical injury but went into a state of shock, which led to health…
Hodgepodge of Pro-Se Legal Malpractice Claims
As further proof of the wide-ranging nature of legal malpractice litigation, we see in D’Elia v. D’Amico & Associates , 2010 NY Slip Op 30545, Supreme Court, Nassau County, J. McCarty a plaintiff who has claims against the target attorneys for estate matters for two relatives as well as in the purchase of a house.
One important…
Holland & Knight and a Mullit-Millions Legal Malpractice Law Suit
We’re not sure how to value this legal malpractice law suit reported in Law.Com in a story by Julia Kay. It’s not simply a $ 168 Million claim, it’s a class action case too.
"A Sarasota, Fla., judge dismissed some counts but let stand malpractice and breach of fiduciary duty charges in a lawsuit filed…
Judges and Potential Judges bring Legal Malpractice Case
Legal Malpractice cases arise from any number of interesting underlaying matters. In Shawandya L. Simpson v. Bernard M. Alter and Diana A. Johnson, the legal malpractice case alleges breach of fiduciary duty, conflict of interest, legal malpractice and wrongful disclosure of information.
Here, Simpson was running for judicial office in Brooklyn as was Diana…
Errors of Judgment Defense in the Second Circuit
One rule that we think distinguishes legal malpractice from all other areas of the law (with the possible exception of medical malpractice) is the question of judgment and how it might insulate the practitioner from claims of negligence. Here, in MARK A. MCCORD, -v.- MICHAEL G. O’NEILL, UNITED STATES COURT OF APPEALS FOR THE…
Victory and Appellate Defeat in Legal Malpractice
The Appellate Decision in Steven Von Duerring, v. Hession & Bekoff, is so sparse that one has absolutely no idea what the case is about. When we turn to the Supreme Court case from which the appeal emanates we see that it is a legal malpractice arising out of a claim that…
The All Inclusive Arbitration Clause in Legal Malpractice
If thing go wrong, sue the attorney! It’s a familiar meme, yet there are more and more arbitration clauses found in retainer agreements, especially media representations and patent law. On the one hand, in NYS there are the mandatory fee dispute arbitrations, but that is now what we are thinking about. As an example: PROTOSTORM, …
Taking on Another’s Legal Fees
The first cousin to Legal Malpractice is the eternal question of legal fees. Who pays them? From whom may they be obtained? How does one calculate them? What is reasonable? Under which situations might an attorney forfeit them? Might one law firm be responsible to another when it says that it will cover the legal…