In this case, the court permits client to plead fraud even though legall malpractice is time barred. Why? Unsophisticated client retains attorney for a first time purchase of a business. Attorney undertakes complicated transaction for $ 3000. As soon as the contract is ready, attorney tells client to sign a wavier, and then seems to
Legal Malpractice News
Accounting Malpractice and Continuous Representation
Accounting malpractice, like any other variant of professional malpractice (attorneys, brokers, financial professionals) are all subject to a three year statute of limitations, which may be tolled for continuous representation. In Ghiz v Schreck & Co. 2013 NY Slip Op 31869(U) August 9, 2013
Sup Ct, New York County Docket Number: 158805/2012 Judge: Eileen…
Sexual Abuse and Judiciary Law 487
Legal malpractice, and its cousin deceit might be found anywhere attorneys tend problems. One fairly startling setting is the Poly Prep sex abuse litigation. Like the similar Horace Mann sexual abuse litigation, there are numerous claims of concealment and lying. Andrew Keshner writes in today’s New York Law Journal that former students have filed a…
When the Attorney-Client Relationship Ends
We’re pleased to announce an article in the New York Law Journal, entitled When the "Attorney-Client Relationship Ends" appears today in the Outside Counsel column. Here is an excerpt from the article:
"As do all things in life, an attorney-client relationship, once commenced must someday end. It may end at the settlement or verdict of…
Late and the Wrong Kind of Damages
When does the statute of limitations begin to run? It might be on the day of the mistake, and it might be later. The "later cases" are rare, and few in number. Anderson v Beranbaum 2013 NY Slip Op 31821(U) August 5, 2013 Sup Ct, New York County Docket Number: 151918/2013
Judge: Anil C. Singh…
When Does the Statute of Limitations Start to Run?
Its not always easy to say when the last date upon which an attorney renders service to a client, nor when the statute of limitations commences. . is it on the day that a defective security agreement is prepared? is it on the day that the security agreement is given to debtor? In this case…
Avoiding Malpractice with Checklists
An interesting article in today’s New York Law Journal discusses the effects of checklists. Brook Boyd writes: "Lawyers can dramatically improve the quality, efficiency, and speed of their work by using "smart" checklists that are digitally integrated with their forms, and that reflect the complexity of their practices. But there are also other very…
Protecting the Record in Legal Malpractice
Barely submerged below the decisions of trial and appellate courts is the fear that if legal malpractice litigation is given full rein, there will be a legal malpractice case which immediately follows every trial of any nature. After all, the one thing that legal malpractice always has are claims of attorney misrepresentation, and every trial…
Going Way Way Way Too Far
Attorney retainer agreements often seem to be contracts of adhesion…a term we rarely see post-law school. Client comes to attorney at many disadvantages. Client is in trouble, is coming to a "wise man" seeking help, knows that client needs to pay, and is subject to a serious disparity between their bargaining positions. Nevertheless, the vast…
The Court of Appeals Decides a Legal Malpractice Case, and yet…
In Dombrowski v Bulson 2012 NY Slip Op 04203 [19 NY3d 347] May 31, 2012 Lippman, Ch. J.
Court of Appeals decided that incarceration – loss of liberty was not an economic damage, and was "non-pecuniary." It wrote: "We see no compelling reason to depart from the established rule limiting recovery [*4]in legal malpractice actions…