A guy owns a business (a club?) called Good Time Charlies, and wants to sell it.  He hires an attorney who drafts the business sale documents, which include a note for $ 80,000.  Unfortunately, no "acceleration" clause is included.  The transaction goes sour, and plaintiff sues the buyer.  It’s then he learns that he cannot…

Psychologists and Forensic experts are routinely appointed by the Court to examine and produce evidence for the Court; attorneys similarly are used as guardians ad litem, as Court examiners and the like.  Are they subject to suit, especially legal malpractice for their activities?

Probably not, and in most cases, no.  Ashmore v Lewis, 2012…

The statute of limitations is three years in legal malpractice.  It may be extended by the principal of continuous representation.  Mere representation is not enough.  There has to be a continuing relationship of trust and confidence and the work within the three year period must be on the same issue as is now being sued…

Assume the following:  Plaintiff has a medical malpractice case and retains Defendant law firm to handle it.  Defendant law firm works on the case for a while, and as the statute of limitations nears, tells the client that it’s not going to go forward, and that the client should seek other counsel.  Client, who does…

Here is a short decision with deep reaching consequences. In Kurman v Schnapp ;2010 NY Slip Op 03786 ;Decided on May 4, 2010 ;Appellate Division, First Department we see the deceitful act of an attorney, and the Appellate Division substituting its finding for that of Supreme Court. We have commented on the natural inclination of…

The matter of Steinberg v. Schnapp, 2010 NY SlipOp 02991 relates the story of three lawyers, all of whom labored over a decedent’s estate, and how the triumvirate fell apart. Steinberg and Schnapp were retained to handle the estate by the executor who in this case was the third attorney. Things fell apart rapidly…

Pre-judgment attachment is disfavored in litigation.  Generally one must show that "the subject property was in imminent danger of irreparable loss or waste ."  Beyond that showing, there are rules when the request for an attachment might be sought.  Here is an example.

Breslin Realty Dev. Corp. v Shaw ; 2012 NY Slip Op 00478…

We’ve often noted that stating the mistake made by an attorney is not the difficult part of legal malpractice analysis.  Judges, lay persons and attorneys all readily point to this mistake or that mistake. Stating a departure from good and accepted practice is the easy part of the triumvirate.  What is way more difficult is analysis of…