This case illustrates how difficult it may be to prosecute a Judiciary law 487 case in a legal malpractice setting.  Sara Kinberg, Plaintiff-Appellant, v Heidi Opinsky, Defendant-Respondent.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2008 NY Slip Op 4616Decided May 22, 2008.

We have seen unsuccessful 487 cases with allegations of forged…

An unrelated article in the NYLJ related a cycle in the franchising industry yesterday…from settlement by litigation, through resolution by arbitration, and then on to wide-scale mediation.  Legal malpractice may well be following the same cycle.  As the California Attorney’s Fees Bl;og reports, arbitration is the thing in California. 

"First, the appellate court found the…

Do you understand Chapter 11 Bankruptcy practice?  Can you define "cram down" or "impaired class" or "non-recourse loans"?  We can’t, but this case is a primer in Chapter 11 practice and the legal malpractice which may arise in a case.

The facts are complicated, involve general and limited partnerships, non-recourse loans, cross-collateralization and multiple state…

This case from New Jersey illustrates the border line between behavior that is so bad that an expert is not needed at trial to testify on whether there was a deviation, and behavior that is bad, but still requires an expert.  The NJ court found in TARUTIS, v. ALAN ACKERMAN and GREGORY WISOTSKY,  that:

"No expert…

The politicians are in Iowa, the primaries started there, and today we report on a legal malpractice and recusal case in Iowa.  Here two different strands of problems for the legal malpractice plaintiff are twisted together.  One of the strands concerns the judges comment about the legal malpractice plaintiff and defendant:  "one is dishonest, and…

This article from The Statesman.com discusses news about a special group of lawyers, appointed by the Texas Supreme Court  who are to vote today.  They are looking at " a proposal that could require lawyers to tell clients whether they have malpractice insurance.

The idea would seem to have a lot going for it. Legal malpractice insurers…

Wiley Rein reports on a case in the Ninth Circuit, arising in Arizona concerning prior acts exclusions in legal malpractice coverage:

"The United States Court of Appeals for the Ninth Circuit, applying Arizona law, has reversed a district court’s entry of summary judgment in favor of a professional liability insurer whose policyholder failed to list…

In re MICHAEL ROY BRESSLER, Defendant. WILLIAM FORREST and SHAWN STEIBEL, Plaintiffs, v. MICHAEL ROY BRESSLER, Defendant. STEVEN STRUM, Plaintiff, v. MICHAEL ROY BRESSLER

Here is a long SDNY Bankruptcy case discussing a series of legal malpractice proceedings, malicious behavior and non-discharageablity. 

"Strum objects to granting Bressler a discharge under section…