In a  Court of Appeals  case which limits potential liability, or more correctly put, continues a limit of potential liability of a corporation’s outside professional advisors, including attorneys. In Kirschner v Kpmg Llp ; 2010 NY Slip Op 07415 ; Court of Appeals ; Read, J. we see a discussion of this accountant’s malpractice question:…

One has to shake the head and ask why all the effort goes into a law suit that will [or is so likely to] fail? The question is multiplied when plaintiff is an attorney seeking fees.

Rule 137 seems pretty comprehensive and exacting. Attorney who seeks a fee needs to serve th client with an…

Here is a short, pungent and dispositive decision by the Appellate Division, Second Department in Zito v Fischbein Badillo Wagner Harding ; 2011 NY Slip Op 00285 ; Decided on January 20, 2011 Appellate Division, First Department.
 

We’ve seen a "charging lien" utilized as res judicata against a subsequent legal malpractice case, but the…

in legal malpractice, the judgment rule holds that an attorney may not be held liable for choices of strategy whether they turn out successful or not.  These choices may be in the selection of witnesses, in the selection of experts, in the choice of questions to ask witnesses, and, as we see in this criminal…

In this non-legal but professional  malpractice case, the question of which state law applies is answered decisively.  Rose v Arthur J. Gallagher & Co. ; 2011 NY Slip Op 06374 ; Decided on August 30, 2011 ; Appellate Division, Second Department concerns negligent quoting of premiums in an insurance transaction.  The parties debated a "contact"…

When are limited NY contacts enough to allow an attorney from New Jersey to be sued in New York?  The question is easy to answer in the abstract. That answer is "to the extent permitted by due process."  In the actual or practical world, the answer is much more difficult.  PHILIP SELDON, Plaintiff, – against – …

The decision in Gucci America Inc. v. Guess? Inc., doesn’t answer the legal malpractice question, but it does answer the privilege question. Here’s the back story from Noeleen Walder at the New York Law Journal:

"Mr. Moss, a graduate of Fordham University School of Law, passed the California bar exam in 1993 but went…

in PETER MCCLUSKEY, Plaintiff-Appellant, -v.- NEW YORK STATE UNIFIED COURT SYSTEM, CHIEF JUDGE JONATHAN LIPPMAN, GABOR & GABOR, DAVID GABOR, HOPE GABOR, Defendants-Appellees we see a pro-se litigant’s swipe at the NYS Court system, and his former attorneys.  This Federal case takes place after plaintiff lost a legal malpractice case against the same defendant-attorneys.…