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A recurring theme in legal malpractice litigation is discovery of communications between the client and attorneys.  While the attorney-client privilege is waived in a legal malpractice setting between plaintiff-client and defendant-attorney, the question still comes up with subsequent attorneys.  Different from the attorney-client privilege is the common-interest privilege.  Saint Annes Dev. Co. v Russ  2018…

Plaintiff sued under Judiciary Law § 487 and was promptly the subject of sanctions and dismissal.  Supreme Court granted both, and an appeal ensued.  In Liang v Wei Ji  2017 NY Slip Op 08361
Decided on November 29, 2017  Appellate Division, Second Department,  the Court affirmed because plaintiff had previously been enjoined from starting any…

Last week we discussed how the First Department differs in its handling of Judiciary Law § 487 cases.  Here in Gorbatov v Tsirelman  2017 NY Slip Op 07979  Decided on November 15, 2017
Appellate Division, Second Department  is a further lesson, this time from the Second Department.  Conspicuously missing here is any language of delinquency. …

O’Neal v Muchnick Golieb & Golieb, P.C.  2017 NY Slip Op 03125 [149 AD3d 636]  April 25, 2017  Appellate Division, First Department is notable for several terse lessons.  They were set forth in bullet fashion in the opinion:

“The allegation that, while representing plaintiff in the assignment-of-lease negotiations, counsel secretly represented the counterparty so as…

Either Volvo owned the car and leased it to the auto accident defendant or it did not.  Simple issue, no?  How did this simple issue morph into an auto accident trial where Jacoby & Meyers represented plaintiff and the proofs were not in place before the jury.  More puzzling, how did this proof elude the…