X is sued by defendants. He loses at trial using target attorneys. He hires new attorneys, mediates, settles, and assigns his rights to a legal malpractice action against his former [target] attorneys to plaintiff, who now sues target attorneys in the place of X. Is there still any confidentiality to the mediation asks the target
Legal Malpractice News
The Kremen Legal Malpractice Saga Continues
We reported on this case back on5/14/07 and again on 9/19/08. Today, the NYLJ reports that the Morelli law firm’s attempt to garner disbursements from plaintiff has failed.
From the decision of Justice Goodman: "The following illustrates why members of the public may hold cynical views about the legal profession. This motion…
Intentional Wrongdoing and Legal Malpractice
Hinshaw reports an interesting South Carolina case in which plaintiff is estopped from a legal malpractice case against his attorney, on the basis that he is a wrongdoer, and one in in pari delicto may not recover civil liability.
From the Hinshaw alert: "Plaintiff William Whiteheart sued his former law firm, Waller & Stewart…
Can Law Firms Ever be Sued in US DIstrict Court?
Much of the law-related news is about multi-national law firms. Leaving them aside there is a serious question over whether our regular old national law firms can be sued in US District Court under diversity jurisdiction.
Let’s review the basics, as set forth in Lee v. Brown, 3:08-CV-01206 (CSH); UNITED STATES DISTRICT COURT FOR…
Mintz Levin and a Real Estate Legal Malpractice Case
Sheri Qualters at The National Law Journal reports that Mintz, Levin and its attorney Steven Rosenthal have been sued for "allegedly misusing his position to enrich himself and a friend." Rosenthal, formerly an attorney there, has moved on to real estate investment and development at Northland Investment Corp.
The suit revolves around a claim that…
Serial Plaintiff’s Case Dismissed
Legal malpractice is a filed associated with situations in which a person has lost their case. In real legal malpractice, but for the mistake of the attorney, there would have been a positive outcome. In a small subset of cases, however, there really is no merit to the action at all. Defense counsel in legal…
“Death Sentence Doc” and Legal Malpractice
We don’t understand why, but in Hashmi v Messiha ; 2009 NY Slip Op 06665 ; Decided on September 22, 2009 ; Appellate Division, Second Department the court places great weight on a mix-up between brothers. The basic claim is that plaintiff asked his attorneys to make a motion to dismiss would undoubtedly be successful. …
When Does the Attorney become the Attorney in Legal Malpractice?
In Berry v Utica Natl. Ins. Group ;2009 NY Slip Op 06935 ; Decided on October 2, 2009 ;Appellate Division, Fourth Department we see a situation in which plaintiff was suing Utica National Insurance Group and evidently there was communication between plaintiff and the defendant law firm. "evidence that plaintiff contacted defendant concerning…
Waggoner v. Caruso and Legal Malpractice
Yesterday, we started to discuss Waggoner v. Caruso 2009 NY Slip Op 06739 Decided on September 29, 2009 ; Appellate Division, First Department ; (DeGrasse, J.)
Today we discusse continuous representation, which, in this form, is a question of first impresssion, an issue taken up directly by Justice DeGrasse in the Appellate Division order:…
An All Star Lineup in a Legal Malpractice Case
This is a Politico – A List legal malpractice case. In Waggoner v. Caruso 2009 NY Slip Op 06739 Decided on September 29, 2009 ; Appellate Division, First Department ; (DeGrasse, J.) we see some of the nations biggest names.
Besides being about a $ 10 Million loss, the players are all very recognizable. For…