There are some attorney specialists in NY.  There is board certification in DWI litigation, in Legal Malpractice, in Medical malpractice and there are Board certified civil trial specialists.  Until a few days ago, if one who was board certified used that title in any letterhead or ad, the following disclaimer was necessary:  ""[1] The [name…

"The best defense is a strong offense"…"Tyranny shall not go unopposed!" which of these two opposing story lines will succeed in a legal fee / legal malpractice case. Here is one example where the fee side wins out. Duane Morris LLP v Astor Holdings Inc. , 2009 NY Slip Op 02544
Decided on April 2…

Attorneys hold funds for clients, and many attorneys get in trouble because of it.  Just this week two disciplinary cases were published.  In one the brother of an attorney converted a large sum from the escrow account.  The attorney was suspended for failing to supervise his brother.  Here, the attorney resigns in the face of…

Litigants faced with the 3 year statute of limitations often turn to a fraud cause of action.  Fraud has a 6 year statute of limitations, and in some instances an even longer discovery statute, which would be 2 years after discovery of the fraud.  It’s inviting and promises a cause of action when the legal…

What happens to a legal malpractice case when documents suddenly go missing?  Is there a responsibility to maintain documents from the underlying case based upon letters and discovery demands in the underlying case?  How does a $ 20 million legal malpractice  case get dismissed well before the merits are ever tested?

In 915 Broadway Assoc. LLC …

We were recently asked whether an Expert, testifying in a legal malpractice case can commit legal malpractice during testimony in the case.  We discussed whether there was an attorney-client relationship, and whether "absolute immunity" for in-court testimony applied.  Now, Levine v Harriton & Furrer, LLP ; 2012 NY Slip Op 01401 ; Decided on February…

It really does not get any better than this, in the legal malpractice world.  Client asks "Does the Judge dislike me?"  Attorney answers "No, the judge is fair."  In this story, however, it is all reversed.  From Thomson Reuters, "Judge Steps Aside in Case of Alleged Car vandal"

"NEW YORK, Feb 24 (Reuters) –…

Gardner v Leitgeb & Vitelli, LLP ;2012 NY Slip Op 50282(U) ;Decided on February 17, 2012 ;Supreme Court, Suffolk County ;Emerson, J. presents an interesting story of parents v. children, with professionals in the middle.  More interesting, fraud, associatinos with organized crime, and a pizza location are all added in the mix of ingrediants. …