In Edelman v Poster ; 2010 NY Slip Op 00788 ; Decided on February 4, 2010 ; Appellate Division, First Department we see a situation in which a matrimonial retainer agreement boldly stated a right to arbitrate, yet the Appellate Division, First Department, determined that client has no right to arbitrate.
Here is the…
In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots…
There are a few situations in legal malpractice where an expert is not needed for plaintiff. An expert is needed, in general, when the subject matter is unknown or too complicated for lay jurors to understand or determine, and they require explanation by a person who is professionally or educationally acquainted with the specialized field. …
We can’t tell an awful lot of the facts of the underlying case from the Second Department decision in Nelson v Roth 2010 NY Slip Op 00658 Decided on January 26, 2010 Appellate Division, Second Department but we do see the ironic clash of two well known Legal Malpractice defense firms, one acting as a plaintiff’s…
Client hires law firm, law firm is said to have made mistakes, law firm is said to have made corrective motions based upon its own mistakes, and then charged client. Law firm sues client, and client answers without filing a counterclaim.
Its not evident from the decision but we guess that client then hired an…
Victoria Kremen suffered unnecessary, and negligent bilateral mastectomy. It is said that removal of secondary sexual characteristics is akin to removal of ones central identity. Ms. Kremen was subjected to a horrible misdiagnosis, with subsequent surgery.
Things only went from bad to worse. She hired attorneys, but the action was not filed correctly. From law.com…
Professional Judgment is what we hire attorneys for, and what we expect from them. Litigants are generally unable to proceed through difficult thickets of choice of courts, choice of strategy, choice of questions to ask at a trial. Nevertheless, we expect that our attorney will exercise correct and satisfactory professional judgment. When the client suspects…
Complex multi-state, multi-district, criminal-civil high stakes litigation…really, it can only end in a legal malpractice case. Here, in Stonewell Corp. v. Conestoga Title Ins. Co., 2010 U.S. Dist. LEXIS 1107 [2004 cv 9867] a decision by Judge Kimba Woods lays out just how complex a case can get. Today we will deal with the…
We’re proud to point today to the article "Settlements and Subsequent Legal Malpractice" in today’s New York Law Journal. One interesting wrinkle on the legal malpractice scene is how settlements, and the rote allocutions at settlement affect legal malpractice.
"It is well settled that to establish a cause of action for legal malpractice…
Our meme today, again, is that legal malpractice is to be found in all endeavors involving attorneys. It is no stranger to Bankruptcy proceedings, and in today’s case, a verdict is found against a Long Island Bankruptcy attorney. Mizuno v Fischoff & Assoc. ;2010 NY Slip Op 50064(U) Decided on January 14, 2010…
