Glens Falls:    In this case two fundamental mistakes plague the attorney.  The first got him into the legal malpractice case, and the second kept him from getting out.  A relatively straightforward employment agreement granted the manager the right to a "hearing" of sorts.  The attorney participated in a termination that did away with the "hearing." …

ITHACA:     There are two rules on how to divide contingent attorney fees.  One rule applies when the dispute is between the client and the attorney,and a second rule, which is itself more complex, applies when the dispute is between two attorneys.  Here in Wiggins v Kopko  2013 NY Slip Op 02312 [105 AD3d 1132]   April…

The Appellate Division looked over a Supreme Court decision dismissing a legal malpractice case.  The case alleged that the estate attorneys advised the executor to pay the estate taxes from decedent’s estate rather than using an alternative method which would have saved plaintiff a specific amount of tax.  In Estate of Feder v Winne, Banta, …

There are several views of the legal malpractice world.  One (the most cynical) is that all legal malpractice cases are reflexive attempts to get out of paying attorney fees.  A second view is that legal malpractice is venomous hindsight and unfair to the hard working attorney.  A third view is that legal malpractice is a…

Rochester:   Pro se claims in general are regarded with skepticism, and even more so in legal malpractice. The Bar (and judiciary’s) take on legal malpractice cases in general is that they are reflex "dissatisfaction" cases, and are often meritless.  This applies with greater force to pro se cases, where the general thought is that plaintiff could…

Buffalo and Rochester:  When Plaintiff settles the underlying action, or fails to take an appeal on a dismissal, may he still commence a legal malpractice case?  In Grace v Law  2013 NY Slip Op 05383 [108 AD3d 1173]  July 19, 2013  Appellate Division, Fourth Department

"We reject defendants’ invitation to extend the ruling in…

Cooperstown, NY:  Plaintiff wanted to sell his construction company, and was very involved in the transaction.  In retrospect, the Appellate Division, Third Department found that he was too involved to merely blame his attorney for the bad outcome. Hattem v Smith    2013 NY Slip Op 07791 [111 AD3d 1107]  November 21, 2013 …

White Plains:  We’ve often identified ways in which legal malpractice is not like other litigation.  One such area is the successor attorney problem.  In legal malpractice, if attorney 1 makes a mistake, and the client then fires attorney 1 and hires attorney 2, then attorney one is basically off the hook if there is…