Intentional infliction of emotional distess is rarely alleged alongside a legal malpractice claim, but here in WASHINGTON MUTUAL BANK, Plaintiff, -against- LESTER YOUNG, RAYMOND MAR, MARILYN HARRIS, AKA MARILYN SELLER, US BANK NATIONAL ASSOCIATION,, et al,  it is, to no avail.

"In its complaint, WaMu alleges that, on February 10, 2005, Harris and Mar…

It is often said (and sometimes sanctimoniously) that the legal malpractice claimant is simply trying to gain an advantage, or to avoid paying legal fees.  Here, in Matter of Price ; 2011 NY Slip Op 05814 ; Decided on July 5, 2011 ; Appellate Division, Second Department we see a different use of the claim. …

The Law sites are consistently filled with stories of partners leaving firm A for firm B, and sometimes taking assoicates with them. Law firms fold and are re-cast as new firms. How does this restelss movement affect legal malpractice clients?

In The New Kayak Pool Corp. v Kavinoky Cook Llp ;2010 NY Slip Op 05176…

A prime worry for the legal malpractice practitioner, on either side of the aisle, is whether there is legal malpractice insurance. For the defendant, it is paramount; for the plaintiff it is significant. Much thought has gone into how to determine whether the target defendant has adequate [or indeed, any] insurance, and planning has to…

The Third Department gives a nice analysis of the law of "account stated" in its decision, Antokol & Coffin v Myers ;2011 NY Slip Op 06051 ;Decided on July 28, 2011 ;Appellate Division, Third Department .
 

""’An account stated is an agreement between parties to an account based upon prior transactions between them…

A viable legal malpractice case arising from a criminal prosecution is very rare.  A criminal defendant may not sue the criminal defense attorney absent proof of "actual innocence."  Actual innocence is typically defined as acquittal, reversal or exoneration.  Here, in Dawson v Schoenberg; 2011 NY Slip Op 32033(U);July 8, 2011;Supreme Court, New York County…

Norman Arnoff writes in the NYLJ about professional liability, and concentrates in the SEC,  securities and  FINRA areas.  He writes, in regard to the Madoff proceedings:

"From cases involving the fraud perpetrated by Bernard Madoff upon a series of feeder funds in order to pass investors’ funds into the fictitious accounts of his colossal Ponzi…

Law firm is retained by A and knows that A and B have a contractural relationship.  During the representation A notifies the law firm that if the case is settled some money will be given to B.  By the time that the case is actually settled, A rescinds the advice and tells the law firm…