Office of Court Administration recently instituted a rule requiring attorneys to notify judges when 60 days had passed without a decision on motions. We bloged about this on the day of institution. Now OCA has recinded the rule. Why? It seems too many litigants were using the letter as a way of re-making their arguments.
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Frivolous Appeal, $70,000 in Sanctions and Fees
Plaintiff brought the action for specific performance in a doomed commercial real estate deal. Plaintiff argued oral contract to sell real estate. Not a strong position? So weak, in this case, that the Appellate Division has awarded huge sanctions and legal fee awards against the plaintiff and its attorney. Will legal malpractice follow? Goldberg Weprin…
Legal Malpractice for Creative Augmentation
Plaintiff was represented in this whistleblower suit to great success. All was well until the attorney awarded himself both the statutory fee of $232,718, and then a contingent portion of the total award, leaving itself with about .70 of the whole award. Details.
Pre-determined Settlements and Legal Malpractice
The Madison County Record is a font of legal information. Today it reports on the legal malpractice action brought by a widow of an asbestos litigation plaintiff. His case was settled, she says, for a predetermined amount. Details.. “Judy Buckles once said, “Madison County is the best when it comes to representing asbestos victims…
Mid-Atlantic Legal Malpractice
The article says that this type of case is rare in England, but there was no trouble linking the English law firm v. law firm matter up with a SDNY legal malpractice case involving the British attorney in an estate matter in NY. Lefkowitz v. Bergman is proceeding in SDNY while the British component of…
Being Nice and Legal Malpractice
Here is a blog blip from My shingle which riffs on the idea of the relationship between being nice and being sued. It has implications for legal malpractice too; As I have seen over and over, being nice may well disarm the intention to due. Details.
California Article on Legal Malpractice v. Vacating Settlements
Here is a clearly worded article on the difference between vacating settlements made because of poor legal advice and the right to bring an legal malpractice action from California. Article.
Supreme Court Invitation to a Legal Malpractice Suit ??
Coal company lawyers send a tax proceeding to the wrong state office. Coal company in West Virginia loses its objection to the tax. Supreme Court of West Virginia Judge Spike Maynard [love the name] dissents from the majority and would hold that the objection should have been heard. He says that this decision will “subject”…
Assignment of Legal Malpractice Case in Washington State
As often happens, plaintiff and defendant settle a case, and as part of the settlement, defendant assigns its legal malpractice rights against its own lawyer to plaintiff. Here, in this Washington State case it did not work. Details.
Lex Blog Recognition in Legal Malpractice
Thanks to Lex Blog for its recognition. We are writing about and litigating in legal malpractice in New York. Call for information.