Continuing a trend in bankruptcy legal malpractice filings, here is the story, from NY Lawyer, of Pillsbury Winthrop Shaw Pittman and Levene, Neale, Bender, Rankin & Brill  all being asked to disgorge fees and expenses.in the amounts of $4.2 million $1.2 million.

"The filings ask for compensatory damages of at least $11 million from…

In this Federal Case, Cobalt Multifamily Investors I, LLC v. Shapiro, 06 Civ. 6468, Decided March 28, 2008 ,District Judge Kimba M. Wood
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK  

The Court ultimately determined that under the Wagoner rule trustee lacks standing, and that the bankruptcy trustee’s powers are limited.

"The court-appointed receiver (the…

Today’s Outside Counsel Column in the NYLJ by Garber and Vaughn does not mention or discuss legal malpractice.  Nevertheless, its thesis is highly relevant. 

"The 212 people exonerated by DNA evidence since 1989 have raised significant awareness about the criminal justice system’s failure to protect the innocent from wrongful conviction and have led to reform…

Here is a primer in how litigation can go sour, starting with one problem, leading to one after another.  This  NJ case discusses affidavits of merit in NJ legal malpractice cases, pro-se litigants and potential dispensations to them, and the statute of limitations in bankruptcy cases. SHIRLEY A. GOODHEART, v. STEVEN P. KARTZMAN, ESQ.; WACKS, …

This front page article from the NYLJ tells of a new type of legal malpractice case originating in a securities law suit, by a non-client, stretching the bounds of privity:

"A federal judge in Manhattan has ruled that a lawsuit brought under Oregon "Blue Sky" law may proceed against the New York law firm…

Bankruptcy Legal Malpractice cases are on the rise.  Trustees have greater powers than do regular plaintiffs, there are longer statutes of limitation in Bankruptcy situations, and the numbers are really big.  Here is a case from the NY Lawyer site.

"Gibson, Dunn & Crutcher is the latest law firm to be named in a suit…

Here , in AccuWeb, Inc., Raymond Buisker, v.  Foley & Lardner, Harry C. Engstrom, Quarles & Brady LLP and Nicholas Seay, we find one of the rare state court patent legal malpractice cases.  Generally, as patent law is a federal question, one of the parties either brings the action in Federal District Court or removes it there. …

The familiar triumverate of client, insurance company and independent defense attorney is a familiar model.  Certainly, there are cracks in the facade.  The attorney has dual roles, and a divided loyalty…  In Texas, a recent ruling permits the insurance company to use in-house attorneys to defend insureds. 

Law and Insurance Blog reports: "Unauthorized Practice of…