Big corporate client goes to Big white shoe law firm and believes that the Big litigator there will take and handle the case.  It does not happen.  A lesser light handles the case, and the Big Corporate client is unhappy.  Now what?

Matter of Matter of G.K. Las Vegas Ltd. Partnership v Boies Schiller & …

When clients depend upon the expertise of an attorney, and then end up with a bad result, they can successfully plead legal malpractice.  Does a client settle the personal injury case or litigate on?  Depending on how the attorney advises the client, there may or may not be legal malpractice.  Here is an example.

Polanco …

Gershkovich v Miller, Rosado & Algios, LLP    2012 NY Slip Op 04318    Decided on June 6, 2012  Appellate Division, Second Department  is a legal malpractice case which recently went to a motion for summary judgment.  Each side gave it their best shot, and the result was a stand-off.
 

"Here, the Supreme Court properly determined…

In Englert v Schaffer   2012 NY Slip Op 04602   Decided on June 8, 2012   Appellate Division, Fourth Department  the claim was that defendants knew of a settlement offer and failed to tell plaintiff.  Is that malpractice? 
 

"We reject defendants’ contention that summary judgment in their favor is required on the ground that plaintiffs could…

In this Third Department case,Kreamer v Town of Oxford   2012 NY Slip Op 04445   Decided on June 7, 2012   Appellate Division, Third Department    plaintiff’s complaint was dismissed, even after the AD gave it a liberal reading, and attempted to construct a pleading for plaintiff.

"Plaintiffs failed to state a cause of action against…

We remember some Shakespeare quote about how Cesare’s wife must be more worthy than any other politician/emperor’s wife.  Similarly, here a legal malpractice case is dismissed for failure to file a complaint after a demand had been made.  In Dayan v Darche   2012 NY Slip Op 04312   Decided on June 6, 2012   Appellate Division, Second Department …

Amalfitano v. Rosenberg  rewrote the law on Deceit and attorneys, and revitalized a statute that was written in 1275.  It is the oldest surviving statute in Anglo-American jurisprudence.  Now, the aftermath for the attorney accused of deceit.

Matter of Rosenberg, M-3654, NYLJ 1202557354417, at *1 (App. Div. 1st, Decided June 5, 2012)

Before:…

ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 36382; March 28, 2011, is as good a primer in the general and substantive laws of legal malpractice as one might read. There…