An action to recover damages for malpractice, other than medical, dental or podiartric malpractice, regardless of whether the underlying theory is based in contract or in tort" is subject to a 3 year statute.  More importantly, unless fraud is truly independent of, and not incidental to the professional representation, it too will be subject to…

Plaintiff hires attorney 1 and after a while begins to court Attorney 2.  Meanwhile, back at home, no one is looking after affairs, and the litigations begin to unravel. Who is at fault?

Devonshire Surgical Facility, LLC v Law Offs. of Leo Tekiel,   2013 NY Slip Op 31441(U)
July 3, 2013  Supreme Court, New York…

From time to time we muse over whether legal malpractice cases are unfairly treated or exposed to a higher degree of scrutiny.  We wonder whether the fact that the rules for legal malpractice are structured by attorneys, are applied by attorneys and deal only with attorneys creates an institutional bias.

Barnave v Davis   2013…

Attorneys and clients have a unique compensation arrangement in contingent fees.  It’s almost unheard of for people to get paid only on success.  Doctors get paid for treating you, not for curing you.  Plumbers get paid for showing up, and then get paid more for doing the work.  Lawyers often work on contingent plans where…

Today’s New York Law Journal article by Brendan Pierson highlights the New York fee dispute apparatus.  Either attorney or client can trigger an arbitration, and if either is dissatisfied with the result, can request a de novo court case.  What is fascinating about this case is the lack of caution and apparent bad judgment on…

The confluence of money, crime and high-stakes litigation is titillating.  When we read about people paying $108 in restitution, then facing RICO claims from the mother-in-law, and then being sued for deceit under Judiciary Law 487, it seems like a movie.

In today’sNew York Law Journal, Andrew Keshner writes about Ira Lee Sorkin, Judd…

There is no "discovery" rule in New York for the commencement of the legal malpractice statute of limitations.  As the Court in Elstein v Phillips Lytle, LLP   2013 NY Slip Op 05132   Released on July 5, 2013   Appellate Division, Fourth Department   points out, "A cause of action for legal malpractice accrues when the malpractice is…

We often wonder whether legal malpractice cases are treated with a type of royal exasperation by judges. Often the feeling in the air is that legal malpractice cases maybe should not be brought, or that it’s somewhat shameful to bring one, or that perhaps attorneys are due a little extra consideration. We wonder if that’s…