Courts rarely enunciate the principal that all legal malpractice claims compare a hypothetical better outcome, assuming that the attorneys did no wrong, with the actual.  If the complaint had been filed timely, I would have won the case and obtained a verdict.  If a bank account had been discovered in the case I would have…

Riverhead:  One scenario that repeatedly appears is that of an attorney, who was retained on a normal contingent fee agreement, suddenly awakes to the onset of trial and the need for an expert. The attorney also determines that expert require a fee, and sometimes turns to the client, in violation of the contingent fee agreement…

Causes of Action for Breach of Fiduciary Duty not dismissed…causes of action for breach of contract not dismissed.  Is this a trend?  Today in Cherry Hill Mkt. Corp. v Cozen O’Connor P.C.
2014 NY Slip Op 04248  Decided on June 12, 2014  appellate Division, First Department we see dismissal of the legal malpractice claim, but reversal…

In an ironic situation, two highly placed legal malpractice defense firms accuse each-other’s clients of legal malpractice, and seek to apportion blame between their clients in a case where it is clear that one or both of the clients committed legal malpractice.  It’s abundantly clear that service of a notice to individual shareholders did not…

Plaintiff sues attorney over fees.  Claim is that attorney failed to try to get client’s wife to pay attorney fees in a custody dispute.  Attorney successfully defends legal malpractice case on the "but for" aspect.  A question of overbilling, however, remains in the case on the theory of breach of contract.

"The plaintiff commenced this action…

What are the rules for use of experts, including when they must be revealed, how they must be noticed, and how a CPLR 3101 notice interacts with jury selection dates?  The answer is that no one knows.

Frankel v Vernon & Ginsburg, LLP  2014 NY Slip Op 04136  Decided on June 10, 2014  Appellate…

A condominium deal gone sour is the genesis of this Judiciary Law 487 case.  This case initially traveled outside the boundaries of typical cases, and was initially heard by a beth din arbitration panel.  Later, it returned to state court and was decided by more conventional means.

Laufer v Skillman Estates, LLC  2014 NY…

Anecdotal evidence suggests that the largest category of attorney-client litigation concerns attorney fees.  Cohen v Hack  2014 NY Slip Op 04068  Decided on June 5, 2014  Appellate Division, First Department is a prime example.  The claim is that the law firm pressured client into changing from a contingent to an hourly fee.  Is this legal…