The NYLJ article did not discuss legal malpractice, but one wonders. Attorney who was a physician actually was in hosptial and observed plaintiff prior to surgery. There were problems, and plaintiff was referred to the physician-lawyer for a med mal case. Physician-lawyer didn’t tell client that he had seen him in the hospital [???] and
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Statewide Standard in Legal Malpractice
Imagine a scene from a ’30s movie, set in the stix. A different life there, so different from the big city. For a long time both legal malpractice and medical malpractice clung to the “standards of the community” analysis, allowing a different standard of care or treatment for the country folk and the city folk.…
Legal Malpractice In California Criminal Cases
Here is a blog blurb from a California appeals blog on how difficult it is to sue a criminal defense attorney for legal malpractice after a conviction, whether by plea or verdict.
Illinois Real Estate Legal Malpractice
New Jersey Marital Legal Malpractice and the Joint Expert
Rutgers puts the NJ appellate decisions online, and easily searchable. Here is a case which discusses time limits for a motion to reconsider, evidentiary showing necessary, new arguments on appeal, the use of a joint expert in a matrimonial, proximate cause, and the relationship between an attorney’s work and the materials with which he must…
NJ Legal Malpractice Law and the Adversary’s Lawyer
Here is a long discussion of a commercial litigation over general and limited partnership distributions, and a legal malpractice case against the adversary’s attorney, which failed. Full Case
Attorney Fees after Termination in Nassau County
Here is an excellent and well written decision which discusses many aspects of legal fees after termination or withdrawal in a contingent case.
Case Dismissal, Remedies and Legal Malpractice
Here is a really excellent article from today’s NYLJ on various calendar dismissals and how to fix them by a law clerk from the Appellate Division, First Department.
“Laxness Dismissal Survival Guide: Restoring Actions
By John R. Higgitt
New York Law Journal
November 1, 2006
One of the main objectives of the civil justice system…
Missing Art and a Legal Malpractice Defense
The law suit was over missing African art. Plaintiff claims that defendant’s attorney falsely represented to the court that the art had been seized by Manhattan prosecutors. It was not, and defendant absconded with the art. Yesterday, Judge Cote of SDNY denied summary judgment, and ruled that the case had to be tried. There were…
Termination for Cause
It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does…