Reading between the lines in Minkow v. Sanders, plaintiff was a difficult client. To begin, he was her third attorney. As a digression, defense attorneys in legal malpractice cases often tee off with the assertion that their client is the "third" or "fourth" attorney that plaintiff has had, and boot strap from that
Legal Malpractice News
2 Sides of the Coin in a Fee-Malpractice Case
What do the parties really think in an attorney – fee dispute which totals in the $6 million range. Most attorney fee disputes are less than $50,000, In NY that qualifies for the court monitored Attorney-Fee dispute program Here, in a startling NYLJ article Nate Raymond writes about the Debevoise & Plimpton cases against Candlewood Timber…
Is is Legal Malpractice to Try Too Hard for the Client?
There are lawyers who try cases to the limit and there are lawyers who try too hard. This morning we were reading a NY Times article about the "capital panel.’ These are attorneys who will eventually represent the Guantanimo defendants at their Federal terrorism trials. A potential for the death penalty exists in these cases.…
The American Board of Professional Liability Attonrneys
We are proud to report that Andrew Lavoott Bluestone has been admitted as a Diplomate to the American Board of Professional Liability Attorneys. Andrew Lavoott Bluestone is the author and publisher of the New York Attorney Malpractice Blog
The American Board of Professional Liability Attorneys (ABPLA) is the only organization accredited by the American Bar…
When May a Receiver Sue for Legal Malpractice?
It’s a complex question, but in troubled financial times, legal malpractice law suits become more visible and valuable. Receivers, Trustees in Bankruptcy, and other fiduciary appointees all eye and measure pockets in an ongoing attempt to broaden and increase the fisc.
in COBALT MULTIFAMILY INVESTORS I, LLC, , -against- MARK A. SHAPIRO, UNITED STATES…
Account Stated Meets Legal Malpractice and a Change in the Rules
The rules concerning fee-sharing, and the precision of detail which must be given to a client. have changed. Now, one must be precise in the percentages between attorneys, lest a violation of the rule lead to the Court denying attorney fees at a later stage of the proceedings.
Judiciary Law 487 Claims Survives Even after Litigation Over
Judiciary Law 487 may be the oldest statute in the English-American Law world. It dates from 1275, just years after the Magna Carta, Once in a while we see a reference to Marbury v. Madison, 5 US (1 Cranch) 137 (1803) and think that perhaps this a law student or a new lawyer flexing some…
Subsequent Attorneys, Privilege and Legal Malpractice
Plaintiff sells meat, made loans to a restaurant and its owner. It was partially repaid, over many years by the restaurant, which added a payment to the meat bills. All things end, and the owner of the meat company died; then the restaurant went under. Meat company went to the attorneys and asked them to…
Promissory Notes and Legal Malpractice
Plaintiff retains attorney to handle promissory note case, and a default judgment is obtained. Defendant owns real property, yet no lis pendens is filed. Is this legal malpractice? In Ali v Fink
2009 NY Slip Op 08766 ;Decided on November 24, 2009 ; Appellate Division, Second Department we see the following:
"Several months later, the…
Divorce, Criminal Charges and Legal Malpractice
When do divorce, crime and legal malpractice intertwine? In this case, at the intersection of divorce and fighting ex’s In short, plaintiff had a child with GF, and they were separating, and at the same time arguing over custody and support. GF charges plaintiff with child abuse, and a series of investigations start. Attorney represents…