This intriguing story from New Jersey has several unique aspects to it. The first is an idea alien to New York litigation and legal malpractice. This attorney was still in practice, and still representing buyers and sellers of the same residential property in the same neighborhood twenty years after the first transaction. More unique is that
Legal Malpractice News
New Trial in Tae Bo Legal Malpractice Case
The National Law Journal reports that an Appellate Court has reversed and remanded a $30 million legal malpractice case against the law firm Seyfarth Shaw based upon issues of jury instructions. "Blanks filed a legal malpractice lawsuit against Seyfarth Shaw and Lancaster, alleging that the attorney’s failure to file the action on time before the labor…
Will the Economy Affect Legal Malpractice Cases?
From the National Law Journal:
Legal Malpractice Cases May Surge as Economy Tanks
New York Lawyer
February 23, 2009
Reprints & Permissions
By Karen Sloan
The National Law Journal
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With the economy tanking, experts say the stage is set for a surge in legal malpractice…
Phen Fen Legal Malpractice Case again Dismissed
In Barber v. Siller Wilk we seen an interesting anomaly of legal malpractice, which is the recurring lawsuit against the target attorney, which is lost, and then against the attorney who sued the target attorney, then…. reminiscent of the reducio ad adsurdum metaphysical argument one learns in philosophy. In this case, plaintiff successfully sued…
Legal Malpractice in a Labor Law Setting
The Labor Law and its connection with union contracts, employment at will and whistle blower statutes is complicated. Clients are well advised to go to an attorney who concentrates in this area. Here is a case in which plaintiff’s case went awry, and ended in legal malpractice.
Hayes v Bello 2009 NY Slip Op 29065 Decided…
Reasonable Trial Strategy in Legal Malpractice
An attorney is free to utilize a reasonable trial strategy for its client without a risk of legal malpractice. So goes the "judgment" principal in legal malpractice. What constitutes a reasonable trial strategy?
As an example, Noone v Stieglitz ;2009 NY Slip Op 01093 ;Decided on February 10, 2009 ; Appellate Division, Second Department …
An Apartment Closing, The Brokers and Legal Malpractice
We predict a change in the focus of legal malpractice cases reflecting the economic changes going on today. Here is a case more indicative of the former red-hot real estate market in Manhattan. Plaintiffs buy two apartments, plan to combine them, are told that some outside space on a setback will be theirs, and then…
Judiciary Law 487 – The Oldest Statute in Law?
It’s not the 10 Commandments, and it’s not the Magna Carta, but as this Court of Appeals case demonstrates, it’s not far off. Amalfitano v. Rosenberg is a new Court of Appeals decision which traces Judiciary Law section 487 all the way back to 1275.
Deceit, or a chronic pattern of extreme deceptive practice…
Judiciary Law 487 and the Court of Appeals
We’ve written about Judiciary Law section 487 before, and have an article in the New York Law Journal awaiting publication. Like an appellate litigant who reads a new and important case the morning of oral argument, we came across the Amalfitano v. Rosenberg case from the Court of Appeals today. It is an opinion that traces…
A Comma here, a Paragraph There, $150 Million in Legal Malpractice
Rounding out the week in legal malpractice, this article caught our eye. Law firm represents company seeking to go national in the cable market. Advises in a transaction so large it gets its own nickname. In one of probably hundreds of document drafts two paragraphs go missing, and everything falls apart.
What secondarily caught the…