The question of estate legal malpractice is fraught with standing problems. For example, if attorney drafts a will which is the product of undue influence, or demonstrably runs contra to the decedent’s desires, who has the capacity to sue?
In Texas the rule seems more relaxed than in NY. From the Jefferson Court Blog we…
In this case, Silva v. Worby recently decided, the Appellate Division reversed a dismissal under summary judgment over the potential settlement of a case. The lost opportunity to settle a case is not often discussed, but in this short decision the principal is crystal clear.
"The conflicting deposition testimony and affidavits submitted by the…
Documents filed in matrimonial actions remain confidential. Anyone may look at court files, but not matrimonial court files.Domestic Relations Law § 235(1) . But what happens when a divorced plaintiff sues for legal malpractice based upon the divorce? Confidentiality gives way to disclosure..
Kodsi v Gee ,2008 NY Slip Op 06938 ,Decided on September…
The New York Law Journal reported a bizare instance of attorney misconduct in which plaintiff’s trial attorney acted so badly that the case was dismissed, the attorney charged with criminal contempt. tried and convicted. She now faces probation and suspension. But, what of the plaintiff and his case? A good guess? Plaintiff loses all…
Arbitration in attorney legal fee disputes are governed by 22 NYCRR 1200 and the following statutes. There is a complex statutory scheme, including specific forms, fee dispute committees, hearing schedules, and a body of law which accompanies the fee dispute proceedings.
A recent case, illustrates one quirk of the system. Morelli & Gold v. Altman permitted…
Here is a different kind of Streisand Effect, this time in a post-legal malpractice setting. Leigh Jones at Law Com reports on a two firm battle. Plaintiff’s firm Bland and Richter successfully sued Nexsen Pruet Adams & Kleemeier for legal malpractice and settled the case. As part of that prosecution, defendant law firm had…
A familiar legal malpractice scenario arises when a law firm takes a medical malpractice case, or takes it "subject to investigation", then rejects the case just short of the med mal statute of limitations. Plaintiff is left in a quandary. Find a new med mal attorney? Demand the first attorney do something to preserve the…
A newly decided appellate case, Executive Risk Indem. Inc. v. Pepper Hamilton, LLP 2008 NY Slip Op 07044 Decided on September 23, 2008 Appellate Division, First Department
Saxe, J. turns on the question of when a law firm must notify its insurer [or re-certify upon renewing the insurance] that there are no claims lurking against them, or whether…
Is discovery in legal malpractice limited by the NY matrimonial rules? This recent case Kodsi v Gee ,2008 NY Slip Op 06938; Decided on September 18, 2008; Appellate Division, First Department holds that there are some limits.
"Domestic Relations Law § 235(1) mandates that all papers filed in a matrimonial matter be…
This case, which was reported by Anthony Lin of the New York Law Journal involves at least 2 huge political names, and some off-shore investments. Mr. Giuliani needs no introduction; Mr. Hutchinson was a US Attorney, head of the DEA and a US Representative who was a manager in the Clinton Impeachment trial.
"A state judge…
