Not surprisingly, an unopposed motion to dismiss is often granted.  The lack of opposition sometimes is because Plaintiff is pro-se, sometimes because of law office error.  Here, in Melendez v Renfroe, Driscoll & Foster, LLP  2021 NY Slip Op 31462(U) April 29, 2021 Supreme Court, New York County Docket Number: 157344/2019 Judge: W. Franc…

Plaintiff attorney loses fee case against pro-se client because he could not show substantial compliance with the matrimonial billing rules of 22 NYCRR 1400, et seq in Swergold v. Weinrib  2021 NY Slip Op 02555
Decided on April 28, 2021Appellate Division, Second Department.

“The plaintiff attorney represented the defendant in a matrimonial action, in which…

Divorce in wealthy families can be expensive.  Division of significant assets, using teams of lawyers can quickly add up.  Kaufman v Boies Schiller Flexner, LLP  2021 NY Slip Op 31340(U) April 22, 2021 Supreme Court, New York County Docket Number: 154149/2018 Judge: James E. d’Auguste not only cost a lot, it spawned multiple other litigations…

Traditionally, one pleads:  “If this, then that.”  However, when proposing how persons would have reacted to a specific stimulus, in the legal malpractice setting, one must avoid speculation.  So, attorney was tardy in serving and filing a Notice of Entry.  That gave the other side more time to file a notice of appeal.  Did it…

Could there be anything more ironic than a defendant attorney (accused of malpractice) losing the case because the defendant attorney failed to answer the complaint?

Rene v Abrams  2021 NY Slip Op 02431 Decided on April 21, 2021 Appellate Division, Second Department provides the short answer.

“In an action to recover damages for legal malpractice,…

We look to the Courts for legal guidance, and practitioners look to Appellate decisions in order to understand guiding principles.  In a legal malpractice setting, one question might be whether the standard of practice requires attorneys to ensure that a purchaser of real property gets everything that is promised in the contract of sale?

This…

People often ask attorneys whether they have any celebrity clients?  Here, in Carter v Sweeney  2021 NY Slip Op 31261(U) April 16, 2021
Supreme Court, New York County Docket Number: 151067/2019
Judge: James E. d’Auguste Lil Wayne asks for 13 years of legal fees to be returned to him.  He is generally unsuccessful.

“This action…

Client agrees to arbitrate attorney fee issues.  Is Client required to arbitrate a legal malpractice claim as well?  In Protostorm, Inc. v Foley & Lardner LLP  2021 NY Slip Op 02227 Decided on April 08, 2021
Appellate Division, First Department the answer is yes.

“Plaintiff retained defendant Foley & Lardner LLP to maintain a malpractice…