A sole shareholder of a closely held corporation hires an attorney.  The retainer agreement does not always reflect that the attorney is representing both the individual and the corporation, and at the begining it probably means little.  After a progression into a legal malpractice case it may well take on epic porportions.  Here, in this…

The answer to this question is a qualified yes.  Attorney fees, which are unearned by virtue of the malpractice, or other fees which are spent to rectify the situation may be collected.  Here is a case from the Third Deparment on the issue. LEACH  Appellant, v.BAILLY et al., Respondents.

"Finally, turning to plaintiff’s arguments…

We want to take this occasion to wish everyone a Merry Christmas and  a Happy New Year.

This holiday season has been one long story about bad economic news, swindles, bad investments, and hedge funds.  One meme of this blog has been that legal malpractice litigation is ubiquitous, and intertwined with all aspects of our world.  This is simply a reflection of the integration of law and lawyers in all aspects of…

Arbitration and legal malpractice form an uneasy fit.  One reason is that discovery is limited; another is that the case is decided by a panel of attorneys.  While in many ways a panel of "wise men" may be preferable, in legal malpractice plaintiff will generally prefer a jury.

Juries trend towards a less highly technical…

It was always a first year economy class aphorism that hemlines were positively correlated with the state of the economy.  Better finances led to brighter prospects, led to more sprightly dresses, with higher hemlines.  A downturn in the economy leads to a similar sartorial downturn.

This article from NY Lawyer  "As Economy Worsens, More Lawyers Being …

This is the same heading, but relates to a totally different set of circumstances.  Is an attorney/law firm united in interest with its former client, when the former client is sued, but the attorney is not?  May plaintiff [or a third-party plaintiff] rely upon the relation-back principal in order to bring in the attorneys late…

Legal Malpractice litigation succeed es earlier litigation, by its very definition, and all know that "but for" refers to the first case.  An unfortunate corollary to this definitional fact is that clients and some attorneys turn to legal malpractice litigation as a default mode of trying to rectify all wrongs, whether caused by the attorney…