Two attorneys were qualified under Daubert to testify in a legal malpractice action that a trial counsel’s failure to hire arson experts and to advance an alternate theory resulted in his client’s wrongful conviction of his disabled mother’s murder, the Kentucky Court of Appeals held Dec. 9 (David Kaplan v. Gary Wade Puckett, No. 2004-CA-001750-MR,…

What are the limits in questioning an attorney at his own deposition? May you qualify him as an attorney, and then ask him to state the appropriate standard of care? May the defendant attorney be put on the spot? These are all questions that arise from the Carvalho case. The answer is a little complicated.…

Thanks for the kind mention and recognition of this Legal Malpractice
Blog in Blawg Review this week”

Reported today in the NYLJ at P 18/Col 1, Justice Edmead in Supreme Court, New York County dismissed punitive damage claims in the matter of Fortnow v. Hughes Hubbard & Reed LLP.. This case arose from the sale of an internet company, where the sellers lost their profits in the bursting bubble. Justice Edmead…

Here’s an analysis of the recent Ron Perelman–Morgan Stanley law suit by the New York Times. The moral: its a bad idea to fire your attorney, and threaten a legal malpractice case on the eve of trial. Details

Gannett Heirs succeeded, beyond their ad damnu requests with a $ 1.2 million dollar legal malpractice case against trust and estate lawyers Gunster Yoakely. As reported by the Florida Probate Litigation Blog this type of work is no place for amateurs. Details Gunster is facing a second phase of the case in which $…

Unlike New York, NJ appears to have no blanket rule preventing a person convicted of a crime from suing his criminal defense attorney for legal malpractice. Details
Continue Reading NJ Legal Malpractice and Criminal Law

Technology has advanced to the point that the ABA is giving a CLE series on how not to commit legal malpractice with your computer. Details.