Legal proceedings in foreclosure settings have ebbed and flowed over the years. Right now there is a tremendous backlog in the cases, mostly as a result of tightened rules. The concept of Robosigners has recently been in the news, and this case highlights the dangers to bank attorneys in foreclosures. HSBC Bank USA, N.A. v
Legal Malpractice News
Legal Malpractice Claims on the Rise?
American Lawyer reports that legal malpractice claims are on the rise in the US.
"Law firms are being hit with significantly more malpractice claims in 2011 than they were in 2010, according to a new survey of insurers that specialize in legal malpractice coverage. The sputtering economy and a sagging real estate market are the…
How Continuous Must Continuous Representation Be?
In Legal Malpractice the question of a statute of limitations often arises. Legal malpractice accrues on the date that the mistake is made, not on the day plaintiff discovers it. Continuous representation allows plaintiff to continue to use the attorney, and does not require an immediate suit, In Aronov v Law Off. of Roman Popik, P.C.…
Legal Malpractice Against the Other Side’s Attorney
It is a rare case in which a legal malpractice cause of action is upheld against the other side’s attorney. Privity of contract is the first thing one thinks about when gauging whether there can be a legal malpractice case. Here, in Ginsburg Dev. Cos., LLC v Carbone ; 2011 NY Slip Op 05664
Decided…
A 20 Year Fight over a Legal Fee
Attorney fee disputes often blossom into legal malpractice cases, although Stephan B. Gleich & Assoc. v Gritsipis ; 2011 NY Slip Op 05483 ; Decided on June 21, 2011 ; Appellate Division, Second Department is not one of these. Nevertheless, it is one of the longest attorney fee disputes in memory. The case itself started in…
Patents and a Huge Legal Malpractice Payout
BLT reports that the Wilmer law firm may well have to pay $ 214 million in legal malrpactice settlement fees, all depending on a case in which they have no say. From the article:
"Wilmer Cutler Pickering Hale and Dorr is facing the prospect of making $214 million in payments to one of its clients…
Divorce, Legal Malpractice and the Statute of Limitations
Client hires attorney for divorce, and the attorney works through the end of the divorce. There are ancillary matters (QDRO) that follow, and more than three years later, client is sued over the late husband’s life insurance policy. She hires the same attorney, and is later sued for lega fees. She counterclaims for legal malpractice arsing…
Missing Jewelery and a World of Legal Malpractice Trouble
Manus v Flamm , 2011 NY Slip Op 31691(U); June 14, 2011; Supreme Court, New York County; Docket Number: 110026/2007; Judge: Debra A. James tells an interesting story of divorce, legal malpractice and itinerant jewelery. Plaintiff is the divorced wife, who is owed $ 1 million in the divorce. She borrows jewelery from the husband’s…
Is Stealing Money by an Attorney Legal Malpractice?
While theft by an attorney may be many things, it is questionable whether it might be called legal malpractice. In B & R Consol., L.L.C. v Zurich Am. Ins. Co. 2011 NY Slip Op 51142(U) ; Decided on June 22, 2011 ; Supreme Court, Nassau County ; DeStefano, J. we see an upside-down mirror image…
What Proofs are Necessary to Dismiss a Legal Malpractice Case?
In Crawford v Himmelstein ; 2011 NY Slip Op 31669(U); June 20, 2011; Supreme Court, New York County; Docket Number: 115432/10; Judge: Donna M. Mills we see a straightforward analysis of a typical legal malpractice case. Client is being pursued by landlord to give up three apartments, on the basis of owner-personal use. (Put aside…