In New York, there is no absolute requirement to appeal a negative outcome prior to bringing a legal malpractice action, nor is there a requirement "not to settle" a case prior to bringing a legal malpractice case.  The standard is whether plaintiff was "effectively compelled" to settle.

Here is a Florida Case, Technical Packaging v. …

This is the type of case that gives litigation [and especially legal malpractice litigation] a bad name.  Phung v. Summerville is a well written, reasoned NJ decision which discusses an inexplicable situation.  Plaintiff has a nice 12 unit building in Elizabeth NJ.  She agrees to sell, but then makes unreasonable demands of the buyers.  They…

In New York a Notice to Admit is a discovery device which is used, but which has a small part in the panaply of discovery weapons.  Failure to admit that which is later provded is subject to sanctions and costs, but nominal costs are the usual outcome.

Here, in a report from California Attorney’s fees blog…

We’ve written about retaining and charging liens, the Judiciary law, and how hearings on attorney fees can have collateral estoppel effects on legal malpractice litigation.  Here is aConnecticut case which discusses the same issues, albeit in a habeas corpus and "file retention" setting. 

Plaintiff hired the target attorney, had 13 boxes of files…

Law.Com reports that the law firm of Ballard Spahr won a jury trial yesterday. 

Beyond the usual legal malpractice issues and testimony, there was plenty of star power [in a law sort of way] as " famed Florida litigator Roy Black of Black Srebnick Kornspan & Stumpf represented Epstein along with Boca Raton-based Lance W. Shinder…

This case, Elacqua v. Physicians Reciprocal Insurers is a medical malpractice matter, in which the doctors had both covered and non-covered claims against them  Naturally, the insurance company had coverage for certain of the claims.  Although this case is in the medical malpractice area, it is fully applicable to legal malpractice.

The insurer was…

Law.Com reports that "Alston & Bird and and the bankruptcy trustee for one of its former clients, the beleaguered Friedman’s Jewelers Inc., are on the verge of settling a suit over allegations that the firm committed legal malpractice. "

"Alston & Bird, which served as Friedman’s outside general counsel from the 1990s until the…

The case of Rozen v. Nite Rider Group, Inc. seems to be going on in three different venues.  There was the original case, based on loans and property noldings, there is a legal malpractice case, and apparently there is also a Judiciary Law 487 case too. "This motion by former defense counsel, Russ &…