Everyone, except for the parties to this case are famous. Plaintiff’s decedent was supposed to have a case filed. The law firm did not, and then broke up. One partner became a Civil Court Judge. Plaintiff’s attorney is exceedingly well known as a Brooklyn power center – several years ago he was involved in a
Uncategorized
New Tack in Legal Fees Litigation
Today’s NYLJ reports that “A New York court has allowed Chadbourne & Parke to proceed with a fraud claim against the business manager of a former client who promised his boss’ legal bill would be paid out of proceeds from the sales of an Upper East Side townhouse and a Princeton estate.
Most legal fee…
Wage & Hour Claims in CA intersect with Legal Malpractice
Ever litigate a wage & hour claim. We haven’t [and were not aware of the term, either], but as always, if there is litigation, there can be errors. Here is a scholarly analysis frome Wagelaw.com of that area of the law and legal malpractice. The article.
Federal Legal Malpractice Cases from 8/30/06 to 10/26/06
1. Russell v. Legal Aid Soc’y, 05-3876-cv , UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT , 2006 U.S. App. LEXIS 24794, September 29, 2006, Legal Malpractice case, previously dismissed in Fed Ct. was brought in State Court, with State causes of action only. Matter required remand. No real discussion of legal malpractice.…
Legal Malpractice Cases from 8/30/06 – 10/26/06
1.Whelan v. Longo, COURT OF APPEALS OF NEW YORK , 2006 NY Slip Op 6375. Plaintiff did not list legal malpractice cause of action in schedules, may not sue.
2. Bishop v. Maurer, 7693, 7694 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 7619; Estate…
Fertile Area for Legal Malpractice
Here is an article from Outside Counsel at the NYLJ, by Ronald D. Bratt,a law professor and the principal law clerk to Kings Supreme Justice Arthur M. Schack. It discusses the Ct.App. case in which the complaint was dismissed for failure to prosecute. This was not your typical case, and is food for thought. The…
Question of Fact on Continuous Representation in Legal Malpractice
Here is a case from California, reported by Hinshaw & Culbertson LLP: “Lawyer’s Failure to Advise of Non-Representation Created Issue of Fact Regarding Continued Representation
Gabriela Gonzalez vs. Emelikei Kalu, 140 Cal. App. 4th 21, 43 Cal. Rptr. 3rd 866 (June 2006)
The defendant attorney agreed to handle plaintiff’s sexual harassment claim against her employer.…
Estate Legal Malpractice Case Dismissed in NY
From the NYLJ: “A Manhattan appellate court has dismissed a legal malpractice suit on behalf of an elderly man who claimed his lawyers misled him into signing away control of his estate, but a dissenting judge said the majority’s decision “risks undermining the confidence of the public in the profession.”
Jack E. Maurer, who died…
The End of the Attorney-Client Relationship
It is the general rule in the US that a client may end the attorney-client relationship for any reason, good or bad. After the client ends the relationship, it is for a court to determine whether the termination was for cause or without cause.
Continue Reading The End of the Attorney-Client Relationship
Liability to Third Parties in Legal Malpractice
Here is an interesting blog blurb by Cassandra Crotty on two different state views on lawyer’s liability to third-parties [no privity – they were not clients. One is from Illinois and one from Oregon. Blurb.