In Nowlin v Schiano  2019 NY Slip Op 02216  Decided on March 22, 2019  Appellate Division, Fourth Department affirmed the decision of Supreme Court, Monroe County.  With a recitation of Supreme Court’s standard, it concludes that there is no substance to the pro-se claim.  Further explantion, there is none.

“Memorandum: In this legal malpractice action,…

An-Jung v Rower LLC  2019 NY Slip Op 30600(U)  March 6, 2019  Supreme Court, New York County  Docket Number: 152694/2018  Judge: Francis A. Kahn III is a thoughtful discussion of the difference between legal malpractice and an overbiling case.  Here, in a matrimonial setting, plaintiff’s case is that the bills lack any discernible detail and…

Big projects require lots of legal work.  In Whiteman Osterman & Hanna, LLP v Preserve Assoc., LLC  2019 NY Slip Op 29056  Decided on February 28, 2019  Supreme Court, Albany County Platkin, J. we see the unusual situation in which a law firm waits 13 years or so to collect a huge legal fee, and…

“While defendants’ representation of plaintiff was not perfect, and was possibly unethical
(see 22 NYCRR § 1200 [Rule 1.7]), their concurrent representation of three parties with differing
interests does not, in and of itself, state a claim for either cause of action.”  So writes Justice Jaffe in Picarella v Liddle & Robinson L.L.P.  2019 NY…

Lewis Brisbois Bisgaard & Smith LLP v Fishman  2019 NY Slip Op 30413(U) February 15, 2019 Supreme Court, New York County  Docket Number: 655198/2017 Judge: Gerald Lebovits is the story of bad planning and missed opportunities.  Lawfirm hired leading legal malpractice defense firm to defend it.  Why?  Presumably it lacked legal malpractice insurance.  The…

We’re proud to present an article in today’s Outside Counsel Column in the New York Law Journal about legal malpractice.

When we speak of legal malpractice, generally the discussion is rooted on a “departure” from good practice.  The missed deadline, the rejected brief, the failure to appear in court, the missed argument.  However, departure is…

Everyone knows, whether from Law and Order or from popular culture in general that words spoken to an attorney by a client are forever privileged, sacrosanct and private.  As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.  Often, widely held beliefs are simply…