The essentials of legal malpractice litigation, including standing and ascertainable pecuniary loss come up over and over in the Appellate Division cases. Young v Quatela  2013 NY Slip Op 02243
Decided on April 3, 2013   Appellate Division, Second Department is an example.  Plaintiff’s father either suffered the loss or paid for it, and there is…

Breach of Fiduciary Duty has two separate statutes of limitation, six and three years.  Which applies in a legal malpractice case?  Generally the rule is that the choice of six or three years depends on the substantive remedy sought.  If it is for money damages the limit is three years.  If for equitable remedy, then…

We wonder whether legal malpractice is treated differently than all other law suits?  Fielding v Kupferman  2013 NY Slip Op 02008   Decided on March 26, 2013   Appellate Division, First Department raises the question once again.  Compare this case to a garden or varietal slip and fall.  Example:  plaintiff trips over a defective step and…

we’re proud to announce that our article on the Attorney Judgment Rule was published by the New York Law Journal today.

"Medicine and law have ancient parallel histories. Each practices self-regulation, and each has developed deep and extensive internal rules of professional conduct. Both have a tentative claim as one of the world’s oldest professions.

Plaintiff is the administratrix of decedent’s estate.  This is a very sad story.  Decedent entered United Presbyterian Residence after a stroke, and was the victim of a most avoidable problem:  pressure ulcer, or more commonly, a bedsore.  It eventually, and after much suffering, killed her.  Her family hired an attorney to sue the residence, and…

Client has a really horrible situation in her apartment.  First there is a flood of raw sewerage. She hires law firm 1 to sue.  They commence an action.  Then, she has a water flood from the neighbor upstairs.  She hires law firm 2 to handle that case.  They commence an action.  Law firm 2 settles the…

Jurisdiction in US District Court is a serious matter, and may be based (in general)  upon diversity or upon federal question jurisdiction.  When a legal malpractice case is based upon some uniquely federal issue, ERISA or a FDA issue or a patent issue, does that allow the action to be brought in District Court?  We’ve argued in…

Hand in hand with legal malpractice cases are attorney fee cases.  We’ve commented that attorney fee disputes are of  biblical proportion, and have existed as long.  Today’s New York Law Journal reports that "DLA Piper Emails Reveal Firm Overbilled, Former Client Says"

In an article written by Christine Simmons, she reports that internal e-mails…