JL§ 487, possibly the oldest part of the anglo-american common law, but for the Magna Carta, regularly comes up in legal malpractice settings. Here, in Sammy v Haupel 2019 NY Slip Op 02372
Decided on March 27, 2019 the Appellate Division, Second Department affirms the dismissal of a claim against Wilson Elser and its top
Uncategorized
The Requirement to Search for Insurance
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Since attorney fees seem to power the world, allowing for litigation and defense, and accounting for more than 60% of all attorney law suits, it is not surprising to see Soni v. Pryor come up again and again. In McGlynn v Burns & Harris 2019 NY Slip Op 02335 Decided on March 27, 2019
Appellate…
For Reasons Unexplained an Upstate Pro-Se Legal Malpractice Case Fails
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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,…
Not Legal Malpractice But Not Dismissed Either
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
A Multi-Million Dollar Legal Fee Lurking in the Background
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
“Possibly Unethical” but No Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Uncategorized
“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…
Legal Malpractice and the Account Stated
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
What Do We Talk About When We Talk About Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
It’s Not Judiciary Law 487 Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics, Uncategorized
Clark v Allen & Overy LLP 2019 NY Slip Op 30146(U) January 16, 2019 Supreme Court, New York County Docket Number: 453138/2017 Judge: Arlene P. Bluth is an employment abuse case (between lawyers) that went all the way to a request for cert at SCOTUS. For our purposes, it’s not a JL § 487 case. …
Attorney Client Privilege and Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…