Depositions in New York used to be a variant of the Wild West rodeo. Bucking broncos, trying to stay up on the horse, pick your metaphor. New attorneys soon learned the usual tricks, "I’ll take that under advisement", "I direct the witness not to answer" and all that. With Administrative orders things have changed here. 
Legal Malpractice News
Specialization, Legal Malpractice and Taking a Case you Don’t Understand
Attorneys are generalists, no attorneys are specialists, no they can handle anything? The profession is of two minds on this question. Any attorney, duly admitted, etc. may offer opinion evidence on the behavior of another attorney, and any attorney might simply step up to the counsel table and give an appearance. Once that happens, the…
Mother and Son at War, Legal Malpractice and Settlements in NJ
NJ has some traps for the unwary in legal malpractice, and this case showcases several of them. In CELESTE GUIA PINTO, v.MCGOVERN, PROVOST & COLRICK, SUPERIOR COURT OF NEW JERSEY ,APPELLATE DIVISION DOCKET NO. A-3186-06T53186-06T5 we see the Puder rule on settlements, the rule on certificates of merit, and an application of the Sheridan …
Legal Malpractice and BCL 1505
Here is a legal malpracice statute of limitationscase in which the Appellate Division , First Department give a routine analysis of a legal malpracice case, dismissed on a CPLR 3211 motion in Supreme Court, and reversed in the Appellate Division. West Vil. Assoc. Ltd. Partnership v Balber Pickard Battistoni Maldonado & Ver Dan Tuin, PC…
No Expert, No Relationship, No Case in Legal Malpractice
Here is a SDNY case in which plaintiffs sued for legal malpractice, and lost the bench trial and the appeal. The decision does not spell out what was ambiguous about the retainer agreement, but both the bench and the appeal court determined that this "engagement" letter was insufficient to spell out an attorney-client relationship.
LATIN …
Blackwater Law Suit and Wiley Reins
BLT law blog [look it up for yourself] reports that Blackwater [the military and security subcontractor] is suing Zuckerman Spaeder in legal malpractice. Here it is from the BLT:
"Wiley Rein has hired attorneys at Zuckerman Spaeder to represent the firm in the $30 million Blackwater suit. In D.C. Superior Court, the private security contractor…
They All Come Out to Hear a Legal Malpractice Witness
We write in a large legal community, and this story is from a smaller one. Nevertheless, the interior quote caught our attention. This trial Magna Bank v. Coburn has been going on in Madison County, and has been widely reported. Here is yet another story, but with a twist. Sparsely attended untill now, the…
“Firestorm” in Legal Malpractice
Here, in a story from Atlanta from the Augusta Chronicle is the story of an Atlanta law firm that has a multiple number of legal malpractice cases facing it. One in particular, Jennifer v. Fleming the jury will be permitted to hear about an additional 22 cases. Two things stand out in this case:
a. …
Cases this Week in Legal Malpractice
Here are some NY state cases this week in Legal Malpractice:
1.Max Markus Katz, et al., appellants, v Herzfeld & Rubin, P.C., respondent.
APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 1507 February 19, 2008
This case demonstrates two potent defenses: "we were fired before the end of the case, and the new…
Sometimes it’s Too Early for Legal Malpractice
Here is an unusual "too early" case in legal malpractice: Analisa Salon Ltd. v. Elide Properties LLC, 7582/05 , January 28, 2008
"Essential to a legal malpractice claim is proof that the alleged acts of an attorney proximately caused compensable damages. If there are no damages, there can be no cause of action. See Zletz…