Legal Malpractice cases are dismissed upon a motions on the pleadings. It happens not infrequently. It seems that legal malpractice actions are more scrupulously examined for the "but for" portion of the matter than might occur in other aras of the law.
Here is a case in which not only was the case dismissed at…
GABRIEL D’JAMOOS, , v. MICHAEL GRIFFITH, No. 08-3668-cvUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 17868;August 12, 2009, discusses termination for cause and the proofs needed:
"Under New York law, an attorney may be dismissed by a client at any time with or without cause." Garcia v. Teitler, 443 F.3d…
A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is…
One answer to this question is found in Carl v, Cohen, NY Slip Op 31747(u), a decision by Justice Edmead. Here defendants Joel Cohen and Greenberg Traurig, LLP reached a "so ordered" stipulation concerning depositions of subsequent attorneys, against whom, presumably, defendants would either like to bring a third-party action, or to say that these…
In Fielding v Kupferman ;2009 NY Slip Op 06151 ;Decided on August 11, 2009 ;Appellate Division, First Department we see a reversal of a dismissal in Supreme Court. The facts are uncomplicated. Wife sues for divorce and husband hires target attorney. A settlement is reached, and the couples funds are accurately set forth in…
From Gina Passarella at the Legal Intelligencer today: Blank Rome settles a huge legal malpractice law suit brought by a bankrutpcy trustee.
"Blank Rome has entered into a $20 million agreement with the trustee of a former client that is now in bankruptcy to settle a complaint that alleged breach of fiduciary duty, professional malpractice…
What are the elements of Professional Malpractice?
Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a "deviation from good and accepted legal practice, where the client has been proximately…
This article is about medical malpractice, but it applies to legal malpractice. Examples? When is a tax legal malpratice case complete? is it on the day of the mistake, on the day of the filing, on the last date which a return may be filed, or when the IRS determines there was a mistake?
"Duty,
…
Electronic Discovery is with us, has been regulated, and there are now standards for its use in litigation. Attorneys for clients now have to advise on how to store, produce, resist demands, and comply with the appropriate rules.
Whenever there is general agreement upon a standard of practice, the question of deviation from that standard
…
Plaintiff has a right to sue target attorney, and then, for strategic reasons, agrees to put the case aside for the time being. Plaintiff and target attorney reach a stand-still agreement, but the question of tolling or abatement of the statute of limitations remains. How is the statute of limitations calculated in this situation?
In …
