One unique aspect of Legal Malpractice is the principal that an attorney may not be held responsible for a strategic decision, even if it is a loser. So long as it is reasonable, both subjectively and objectively, the attorney will not be held in legal malpractice.
This 2d Circuit case,Rubens v. Mason bears on…
One of the more pleasant aspects of reading cases early in the morning is the occasional new word or concept that leaps from the page. This article discusses a court official called the "Prothonotary," A prothonotary is an elected Clerk of the Court of Common Pleas Civil Division.
"A $3.4 million legal malpractice verdict in…
One of the more fascinating aspects of legal malpractice is the large catchment area. That jargon, from psychology simply means that almost everyone uses attorneys, whether the largest CEO, or a hip hop magi zine employee who alleges sexual harassment.
Here, two employees of The Source were fired, and they sued. Their attorneys Thompson Wigdor &…
It takes a lot of vexing conduct to be foreclosed from bringing an action in state court. One has to be very, very obstinate and really tick the judge off. To do so in a legal malpractice setting is even harder, because the general feeling is that plaintiff must have been hurt by a lawyer…
Today’s Outside Counsel Column in the New York Law Journal features our discussion of Barnett v. Schwartz, 47 AD3d 397 (2d Dept, 2007) which we consider to be revolutionary. The question of "the proximate cause" versus "a proximate cause" is subtle, but of significant importance in the field of legal malpractice.
Please see…
Still popular, and still selling records, Sly and the Family Stone were the subject of a film. Unfortunately, the film and use of many recordings was without out their consent. Potential litigation followed. Problem? While the attorneys were negotiating and battling from their offices, they allowed the statute of limitations to run.
Thus, EVEN STREET …
Here is an article from NY Lawyer about the Wilson Elser legal malpractice case. They are still in for more than $ 941,000 but have cut about $ 1.7 million from the verdict.
"A California appeals court has upheld a $941,000 legal malpractice verdict against Wilson Elser Moskowitz Edelman & Dicker, but has thrown…
In this case. Gabrielli v Dobson & Pinci ,2008 NY Slip Op 04749 ,Decided on May 27, 2008, Appellate Division, First Department, two attorneys represented the plaintiff contractor in succession, which was unable to prosecute its case for contract damages. Plaintiffs were able to show many departures [deviations from good and accepted practice]…
Law.Com reports that the Wiley Rein legal malpractice case has been dismissed. This was a case with major players: "The Wiley team that defended Blackwater in the underlying case consisted of Fred Fielding, now White House counsel; Barbara Van Gelder, now a partner at Morgan, Lewis & Bockius; Scott McCaleb, still a partner at Wiley; and…
A frequent defense in legal malpractice is that while a mistake has been made, plaintiff is not hury anyway. Here is one example of that defense in a New Jersey Case. THE MAKE UP BAR, Inc.
Plaintiff-Appellant, vs. COOPER, LEVENSON, APRIL, NIEDELMAN & WAGENHEIM, P.A., and ROBERT E. SALAD, ESQ.,
A hair stylist…
