1. Hartman v Morganstern, 2004-10505, (Index No. 7337/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, 2006 NY Slip Op 2497; April 4, 2006, Decided, This legal malpractice action was dismssed on documentary evidence. One cause of action came from a criminal conviction, but defendants showed that the Federal judge would have sentenced

LEGAL MALPRACTICE – Settlement of Underlying Action – To establish a prima facie case for legal malpractice, plaintiff must prove the four elements of defendant’s failure to use that degree of care, skill and diligence commonly used by a member of the legal community, proximate cause, damages, and that plaintiff would have been successful in

LEGAL MALPRACTICE – Damages – Proximate Cause – Anticipated Events – Speculative – An attorney’s failure to file an injunction against plaintiff’s competitor is too speculative to be deemed the proximate cause of plaintiff’s damages in a legal malpractice action. Moreover, speculation on future events, including anticipated court rulings, does not establish that but for

Only in Palm Beach. Plaintiff was making big bucks. Plaintiff was living in a country club. Plaintiff was not paying his US taxes, and the government eventually came after him. His belief? The company was and should have been paying his taxes. He’s lost it all, and is now suing the company and the attorneys.