What happens when a non-English speaking, novice litigant goes to an attorney for a simple issue to be resolved, and ends up, years later, paying $ 90,000? What usually happens is that the client goes off unhappy. Here in Law Off. of Thaniel J. Beinert v Litinskaya 2014 NY Slip Op 50504(U)
Decided on March
Legal Malpractice News
A Blow by Blow Description of Overbilling and Padding by an Attorney
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
What happens when a non-English speaking, novice litigant goes to an attorney for a simple issue to be resolved, and ends up, years later, paying $ 90,000? What usually happens is that the client goes off unhappy. Here in Law Off. of Thaniel J. Beinert v Litinskaya 2014 NY Slip Op 50504(U)
Decided on March…
A Medical Malpractice Loss, A Legal Malpractice Win
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
A frequent scenario in medical malpractice litigation is the attorney or firm that takes on a case, assures the client that it has merit, obtains a certificate of merit to file the complaint, goes through discovery, and then fails to hire an expert. At that point the law firm asks to be relieved, and often…
A Medical Malpractice Loss, A Legal Malpractice Win
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
A frequent scenario in medical malpractice litigation is the attorney or firm that takes on a case, assures the client that it has merit, obtains a certificate of merit to file the complaint, goes through discovery, and then fails to hire an expert. At that point the law firm asks to be relieved, and often…
Fee Disputes and Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
CLE speakers constantly tell the attendant attorneys that fee disputes against their client will trigger a legal malpractice claim. Insurers ask whether attorneys sue for or have sued for a fee in the recent past. They too must be worrying about a retaliatory legal malpractice suit. It seems that Wagner Davis P.C. v Gargano …
Fee Disputes and Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
CLE speakers constantly tell the attendant attorneys that fee disputes against their client will trigger a legal malpractice claim. Insurers ask whether attorneys sue for or have sued for a fee in the recent past. They too must be worrying about a retaliatory legal malpractice suit. It seems that Wagner Davis P.C. v Gargano …
It’s Definite! The Statute of Limitations for Judiciary Law 487 is 6 years
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
Judge Read has written the second earth shifting opinion on Judicary Law 487. As she writes, "Judiciary Law § 487 exposes an attorney who "[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party" to criminal (misdemeanor) liability and treble damages…
It’s Definite! The Statute of Limitations for Judiciary Law 487 is 6 years
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
Judge Read has written the second earth shifting opinion on Judicary Law 487. As she writes, "Judiciary Law § 487 exposes an attorney who "[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party" to criminal (misdemeanor) liability and treble damages…
The Documents Are Insufficient…But the Case is Still Dismissed
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
Motions to dismiss under CPLR 3211 generally start with an (a)(7) motion and then continue with an (a)(1) motion. Sometimes there is a statute of limitations or more esoteric argument to be made. In Citidress II Corp. v Tokayer 2013 NY Slip Op 02369 [105 AD3d 798] April 10, 2013
Appellate Division, Second Department the…
The Documents Are Insufficient…But the Case is Still Dismissed
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice News
Motions to dismiss under CPLR 3211 generally start with an (a)(7) motion and then continue with an (a)(1) motion. Sometimes there is a statute of limitations or more esoteric argument to be made. In Citidress II Corp. v Tokayer 2013 NY Slip Op 02369 [105 AD3d 798] April 10, 2013
Appellate Division, Second Department the…