“The first stone” analysis in this case is facinating. Legal malpractice action brought because plaintiff believed his prisioner beating municipal case was time barred. His attys did not bring the action at all. In Legal Malpractice case Judge now dismissed, saying:
“While, generally, suit must be initiated against a municipality and its agencies within one
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Legal Malpractice and Malicious Intent
Within the body of this legal malpractice case is a very interesting nugget. Suit against the opponent’s attorney may be permitted upon a showing of “malicious intent” even though there is no privity of representation [i.e. privity of contract.] A AD cite is given for this proposition, Poulson, 26 AD3d at 525.
Legal Malpractice in Immigration = Deportation
Restaurant chain takes $25 a paycheck from employees for legal applications in immigration and hires law firm. Law firm fails to file papers, employees now must leave US for 10 years, being “out of status.” They sue, but only for monies taken; no hope of becoming US citizens. Question: Can they sue for legal malpractice…
Tax Treatment of Legal Malpractice Settlements
They say that it’s not how much you make, it’s how much you keep that really counts. The same is true of settlements or judgments. Tax treatment of legal malpractice awards changes depending on the source or identity of the settlement funds. Here is an article on how legally to maximize settlement tax treatment, and…
Limits of Attorney-Client Privilege in Legal Malpractice and
As one commentator said, its odd that the attorney-client privilege is broken only when the attorney is sued for Legal malpracitce. However, it is less than clear how the ‘at use” principal plays into legal malpractice litigation.
Here is a case where the defendant attorney wants information from the successor or suing attorney which will…
Legal Malpractice after Class Action Settlement
For a short article on this class action case see: http://www.law.com/jsp/pc/buslaw.jsp
Retainer Agreement Voided by AD 1
Legal Malpractice representation often requires examination of the retainer agreement. Here is an interesting case on the issue.
“A provision of a retainer agreement requiring a client to pay her lawyer’s costs in the event of a successful fee collection action has been voided by a Manhattan appellate court as against public policy.
Patricia Dow…
NJ Supreme Court hears Legal Malpractice Insurance Case Today
NJ.Com reports the following case: Liberty Surplus Insurance Co., Inc. v. Nowell Amoroso, P.A.
“In 1993, owners of the nightclub Scandals claimed it had failed because of harassment by East Orange police. The law firm Nowell Amoroso won a $400,000 verdict on behalf of the nightclub but it was thrown out on appeal because…
Attorney Sanctioned for “Lying”
Mark Twain coined the phrase, and it remains true today. “An attorney who represents himself…” Anthony Lin in the New York Law Journal tell us:
“A Manhattan Housing Court judge has sanctioned a well-known real estate lawyer who withheld maintenance on his own Park Avenue co-op for lying “repeatedly and without shame” in a 2005…
Legal Malpractice in Matrimonial Representation
Here is a legal malpractice case which ends in an award to the client, as well as a disciplinary finding against the attorney.
“Nearly six months after he drafted a client’s divorce agreement in 2001, attorney Bruce Beck knew he had made a mistake in its wording. He first realized the problem after a hearing…