Legal malpractice cases are subject to all the rules. Sometimes they may seem even more subject to the rules than are other case, but in Economic Alchemy LLC v Byrne Poh LLP 2019 NY Slip Op 33739(U) December 20, 2019 Supreme Court, New York County Docket Number: 653632/2015
Judge: Lucy Billings the issue of note
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Bitter, Acrimonious, but Not Deceitful
Judiciary Law § 487 is a favorite tool to use against attorneys. It is ancient and powerful. However, in Doscher v Meyer 2019 NY Slip Op 08171
Decided on November 13, 2019 Appellate Division, Second Department it was totally inapplicable.
“We agree with the Supreme Court’s determination granting those branches of the respective motions of…
Best Lawyers Lists Andrew Lavoott Bluestone
We are pleased to announce that Best Lawyers 2020 recognized Andrew Lavoott Bluestone for his work in the area of Legal Malpractice litigation. He has been selected continuously since 2012.
Recognition by Best Lawyers is based entirely on peer review – that is, the consensus opinion of leading lawyers about the professional abilities of their…
Duplication in Causes of Action
In Jonns v Fischbarg 2019 NY Slip Op 31919(U) July 3, 2019 Supreme Court, New York County
Docket Number: 150729/2017 Judge Kathryn Freed gives a nice cogent explanation of two recurring legal malpractice principles. One is how the statute of limitations is calculated and the other is whether multiple causes of action. We’ll look at…
It’s The Essentials, Part 2
While it is fine and well to identify a departure from good practice, it is similarly necessary to prove all the elements of legal malpractice. Even more important, it is necessary to follow motion practice and procedures.
The Essentials Are Still Important
Many people take a look at a legal malpractice situation and stop after identifying a departure. In more common language, after finding a mistake, the analysis ends. Failure to identify and have all elements of legal malpractice will lead to failure. Sapienza v Becker & Poliakoff 2019 NY Slip Op 05218 Decided on June 27,…
What To Do If You Forgot To Tell Them About Your Expert
Expert disclosure in New York is truely a black hole. The statute does not require much by way of naming the expert. You have to give the name and a little bit about what the expert will say. However, the timing is completely up to court discretion. Here is what one plaintiff did in a…
Bankruptcy Takes It All Away
Your attorney negligently steered you into bankruptcy? It could be a good cause of action in legal malpractice. A few technicalities, however. Do you still have standing to sue the attorney? Likely not. In Burbacki v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP 2019 NY Slip Op 04128 Decided on May 29, 2019 …
A Billionaire and a Lawyer Walk into an Arbitration Room…
Sounds like the start of a joke? This litigation is obviously not a joke for either side. Bois Schiller uses an arbitration clause in their engagement letter, requiring arbitration of anything “arising from or relating to the Engagement” and they will go to great lengths to enforce it. Even this particular billionaire client was unable…
The Attorney Judgment Rule: A Highly Fact-Based, Yet Subjective Area
We’re proud to let you know that we’re appearing in the New York Law Journal Outside Counsel Column with an article about the unique attorney-judgment rule, and how it affects legal malpractice litigation. Here is an excerpt:
“Society relies on professionals to guide, to treat, to represent and to know. We place an extraordinary amount…