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You have the legal malpractice attorney defendant in a deposition.  Are you permitted to ask questions ?  Of course.  Are they limited to factual questions such as “when were you retained?” or “on what day did you file the motion?”  Surprisingly, no.  Longstanding case law allows the defendant attorney to be questioned as an expert…

New questions, including those that might have seemed naïve in the past are being asked.  How will the pandemic affect representation of injured clients?  How will attorneys go about their daily tasks?  Will there be new classes of legal malpractice claims as clients suffer negative outcomes?  Will force majeure be applied to claims against attorneys…

The question will inevitably come up, perhaps in February 2023 whether the negative outcome of a case in March, 2020 was the result of legal malpractice, force majeure or merely inevitable circumstance.  Judge Marks has published an extensive direction that all “non-essential” matters be postponed.  So, will the failure to make a certain motion be…

The Second Department rarely reverses summary judgment in a legal malpractice setting.  Of that subset of rare reversals, matrimonial legal malpractice is a very small portion.  Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.

“The plaintiff commenced this action alleging,…

QUEENS:  When Plaintiff is searching for important documents in a litigation, may subpoenas be served?  What exactly is the scope of discovery of bank accounts and other potentially private information?

45-34 Pearson St. LIC, LLC v Ohana  2019 NY Slip Op 33294(U) September 25, 2019 Supreme Court, Queens County Docket Number: 706833/2016
Judge: Marguerite A.…

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…

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…

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…