Legal malpractice litigation is unique.  While the simple fact is that this branch of the law is written by attorneys, is utilized to litigate against attorneys, is judged upon by attorneys, the more complex story is that there are a number of unique rules.  One is that a criminal defendant may not sue his attorney absent "actual innocence."  There are no lawsuits…

We looked at the underlying decisions in this case, and are still scratching our figurative head here.  in Lusk v Weinstein , 2011 NY Slip Op 04742 , Decided on June 7, 2011 , Appellate Division, First Department we see the AD citing an obviously correct principal of law: "a charging lien entered in the…

Empire Purveyors, Inc. v Brief Justice Carmen & Kleiman, LLP; 2011 NY Slip Op 31420(U)
May 31, 2011; Sup Ct, NY County; Docket Number: 110909/08; Judge: Jane S. Solomon presents a horrifying view of how clients sometimes fare at the hands of attorneys, especially attorneys who move from firm to firm.  From the decision:…

We commonly get two types of fraud letters, and the come all the time.  One recent type is the "collaborative divorce" letter in which an offshore spouse needs held collecting a large equitable distribution check from the US spouse.  Another type is the offshore large corporation that needs help collecting a debt from a US…

Truebright Co., Ltd. v Lester ; 2011 NY Slip Op 04235 ; Decided on May 17, 2011  ;Appellate Division, Second Department is yet another example of a lost legal malpractice case, but not based upon the innocence or non-departure of the attorney.  In fact, just as in a recent case dismissed because the statute of…

We often ask whether the law of legal malpractice is different from the rest of the negligence world?  Why do attorneys get a second chance, in which judges ponder whether they could have won the case had they not made mistakes?

In Dempster v Liotti ; 2011 NY Slip Op 04408 ; Decided on May 24…

Plaintiff and another get together to form a corporation and buy a 44 condo short stay building in Manhattan.  It’s a multi-million dollar deal, and the closing takes place with no attorney present for plaintiff.  Later, plaintiff sells a different condo for $ 1.6 million, this time with an attorney present.  The Chesterfield, (the short-stay…

"Terminated with extreme prejudice" was a euphamism in the older spy novels.  In this legal malpractice case, witholding service until after the death of a defendant-attorney results in dismissal and termination of the case.

Postawa v David ;  2011 NY Slip Op 50902(U) ;  Decided on May 20, 2011 ;  Supreme Court, Queens County  is…