Plaintiff detects what it considers to be deceitful statements made during litigation.  The statements are brought to the attention of the court which declines to sanction the attorney.  May Plaintiff then sue for JL 487?  Gillen v McCarron  2015 NY Slip Op 01781 [126 AD3d 670]  March 4, 2015
Appellate Division, Second Department suggests the…

We are reviewing all of the JL 487 cases from 2015.  Today, we look at Barouh v Law Offs. of Jason L. Abelove  2015 NY Slip Op 06769 [131 AD3d 988]   September 16, 2015  Appellate Division, Second Department in which plaintiff hired attorney to file a shareholders’ derivative action against BEA.  That action settled.  BEA…

Yesterday the Facebook case surfaced, and sadly, there is little news to report today in the Legal Malpractice world.  Take a look at the Prof. Anita Bernstein article in the NYLJ called “Legal Malpractice Liability for Criminal Defense: Rare Yet Possible”

Have a happy New Year’s celebration.  See you next week.

Thanks for taking a look at the blog over 2015.  We’re taking a couple of days off.  We’ll be back on December 28.  See you then.

The most basic question in any professional negligence setting is what are the base elements of a professional negligence claim?  Before one considers statutes of limitation, the amounts of damage, and many other collateral issues, the initial question to be decided is the standard of practice and how/whether the defendant departed from that standard.

Board …

Trials are not perfect, and Country Park Child Care, Inc. v Smartdesign Architecture PLLC   2015 NY Slip Op 05341 [129 AD3d 1636]   June 19, 2015  Appellate Division, Fourth Department shows just how imperfect they can be.  References in testimony to settlement, to settlement demands, and a battle of the experts ends in a verdict of…

Privity, a concept which applies to almost no contractual relationships anymore, is the overriding reason that the legal malpractice claims in this case were dismissed.  Once upon a time, privity was necessary in order to win a products liability case.  No more is it necessary.  Once upon a time, privity was necessary in a variety…

We’re proud to post a new article that appeared in the New York Law Journal today on The Statute of Limitations in Legal Malpractice.

A new development in the legal malpractice world is the rise of arbitration clauses in retainer agreements.  Will it change the landscape?