Here is a fascinating case from the Fourth Department.  Lawfirm refuses to pay expert for his trial testimony [what has happened to the demand that a certified check be handed over prior to taking the stand?] and expert sues for his fee.  Law firm turns around and sues for loss of case based upon expert’s…

This case discusses three important concepts in legal malpractice.  Standing, immunity  and proximate cause. Cangro v. Solimon  2008 Slip Op. 33345. holds that  under Rule 1(h) of Part 36 of the Rules of the Chief Judge, a guardian ad litem’s attorney requires judicial appointment, and is immune from suit, absent permission from the court. The same is…

There is a traditional cadence to the start of a legal malpractice case.  First comes a dispute, retention of an attorney, initial success, then a downturn into failure followed by a legal malpractice case.  With the real estate market very troubled, and foreclosures on the rise, a prediction of legal malpractice/foreclosure actions is warranted. Here…

As yet another example of why legal malpractice is a difficult discipline, here is a case in which there was a failure to file a counterclaim,  The legal malpractice case ends in dismissal, because the Appellate Division determines that the counterclaim, even if made would have failed. Ginther v Rosenhoch ;2008 NY Slip Op…

The matter of Chen v. Mt. Sinai was handled by attorney Steven F. Goldman, and settled just after depositions for $ 2.4 million.  Mt. Sinai was represented by Martin Clearwater & Bell, a premiere NY med-mal defense firm.  One would think that was good news for Mr. Goldman.  However, he ends up, after a Second Circuit…

Law.Com reports [as does the BLT Blog] that a legal malpractice case by Blackwater Security Consulting has been dismissed, now for the second time against Wiley Rein.    The legal malpractice case arises from the horrible death of Blackwater employees in Falugia, Iraq.

The fact of deaths in Iraq ending in US litigation brings to mind a…

A recurring theme of these entries is the ubiquitous nature of legal malpractice.  All roads, it seems, require attorneys to mix a metaphor.  Downturns in the real estate marketplace are no exception.  Here is a story from Law.Com about a legal malpractice case against Quinn Emanuell, a biglaw litigation firm.  This one is from California:…

Asbestos settlements have changed the landscape of tort law, and especially mass tort law.  Back in the mid ’90s asbestos cases started to cascade and overwhelm the system.  The defense bar’s response was to try to streamline the process.  While this may seem counter intuitive, the intersection between defense costs and settlement costs, especially when…