Plaintiff is involved in an assault and battery, and then spends the next umpteen years litigating the case, suing his attorney, relitigating the case, suing the police department, suing his attorney once again. It all ends in his being enjoined from suing again without court approval. Only in a pro-se world could this happen.
In…
Attorneys automatically obtain a charging lien by commencing an action. There are several ways to lose that lien. One is to be terminated "for cause" and another is to withdraw voluntarily. This is different from being "consented out" or by withdrawing with mutual consent. In Nassour v Lutheran Med. Ctr. ;2010 NY Slip Op…
The attorney-client privilege, known to almost all, is a wide-ranging, often applied stricture. An attorney is not required to disclose communications with a client concerning the representation…almost ever. There are exceptions, and the one most likely to pop up comes in legal malpractice litigation. Communications between plaintiff and defendant is (almost) never privileged. What of…
Attorneys make mistakes. Sometimes mistakes are fixes, sometimes not. Rarely do attorneys go to the length of fabricating complaints, making up stories of ongoing litigation and then running away from the disciplinary committee. We don’t know what defense the attorney might offer, but this tale is both sad and shocking. The attorney in Matter of …
Commencement of a new case and the service of process are anachronistic to New York, and provide a wealth of potential problems for the experienced practitioner. Imagine how confusing it is to the pro-se plaintiff. In any event, were one to query a group of experienced attorneys, we predict that a shockingly large number would…
Clients depend on attorneys to advise them on the law. Quick, what do you know about usury? Do you know enough competently to advise a client, or just enough to get yourself into trouble? Here is a legal malpractice story about the later.Theresa Striano Revocable Trust v Blancato
71 AD3d 1122 ; Appellate Division, Second…
Big law firms take on big cases, and even bigger transactions. One might read about a $ 50 Million dollar loan concerning a hospital. One might have seen "Margin Call" and thought about how the sale of those securitized mortgages really takes place, and who checks the paperwork. In Nomura Asset Capital Corp. v. Cadwalader, …
Plaintiff’s mother brought a personal injury case against the City of New York for plaintiff from an injury of December 20, 2002. She retained defendant attorneys to represent her. She discharged the attorneys via a "Consent to Change Attorneys" in August , 2006. She brought the legal malpractice case Fleyshman v Suckle & Schlesinger, PLLC ; …
Last August we reported on the legal malpractice case which arose in California and made its way here. "In this recurring situation, plaintiff has both a California and a NY connection, and hired an attorney to do some work, which eventually goes sour. Frequently a case like this comes up in the entertainment field, with…
Well, the case is not strictly about Dog, it does derive from litigation surrounding him. Question: you have a dispute over a sum of money with "X" and "Y". You also have a legal malpractice case against your attorney, who worked on the "x" and "Y" case. If you collect from your attorney in legal…
