A basic rule of legal malpractice is that an attorney may not be granted a fee by a court or tribunal if there is legal malpractice present.  Since an attorney may not obtain a fee if there has been legal malpractice, it follows, ipso facto, that if a court or a tribunal grants a…

In this subrogation case, an insurance company has successfully pleaded fraud and legal malpractice.  The insurance company plaintiff proceeded in the subrogation and alleged that legal malpractice was committed in failing to pursue a default judgment.  They claimed fraud when the law firm billed for making a motion for a default judgment when it did…

If one reads enough legal malpractice cases, there are interesting overlaps.  One such overlap, with surprising results came up today.  in Angeles v Aronsky   2013 NY Slip Op 02454   Decided on April 11, 2013   Appellate Division, First Department  we see the following: "For a claim for legal malpractice to be successful, "a plaintiff must…

Representation of clients may be limited or general.  An attorney-client relationship is considered to be general unless it is specifically limited by a retainer agreement.  That retainer agreement had best be very specific, and it should set the limits quite clearly.  If it does not, then the attorney can be held responsible for all acts…

Hearing that your legal malpractice case is "unavailing" is terrifying.  Nevertheless, this case was dismissed, appealed, reversed, remanded, and immediately dismissed again, this time on summary judgment.  Garnett v Fox, Horan & Camerini, LLP  2013 NY Slip Op 30703(U)  April 5, 2013  Sup Ct, New York County  Docket Number: 114079/2008  Judge: Cynthia S. Kern…

Legal malpractice plaintiffs argue that defendant attorney handled the case badly, and then go on to say that if the attorney had done "x", there would have been a better or different outcome.  Defendant argues that this is all "speculation."  If you were the Court, how would you decide?  Remember that legal malpractice analysis is always…

One of the cornerstones of legal malpractice law is that any hypothetical judgment that plaintiff should have received must have been collectible.  If defendant had filed a bankruptcy petition, or there was no insurance and no assets, then any hypothetical judgment that the attorneys did not obtain would not have been collectible, hence, there are…

Consolidation or a joint trial are subject to judicial discretion.  Judges are said to be the master of their calendar, and the Appellate Division rarely steps in and rearranges it.  Here, inCounty of Westchester v White Plains Ave., LLC 2013 NY Slip Op 02212  Decided on April 3, 2013
Appellate Division, Second Department consolidation…