The most common causes of attorney malpractice litigation:

1.Poor communication with the client
Always at the base of a professional malpractice lawsuit
2.Statute of Limitations problems
3.Suing a client over the bill.
Often precipitates a malpractice lawsuit
4.Notice of Claim problems
Includes municipal, agency, Court of Claims, private notice requirements, and other condition precedent situations

Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately damaged by that deviation, but for which, there would have been a different, better or more positive outcome.”
Continue Reading Elements of Legal Malpractice

There is no end of irony in thi line of work. Here is a legal malpractice defense and counterclaim which was essentially precluded when defendant counter-claimant was precluded from offering expert testimony. Why? Defendant missed several discovery deadlines in naming and offering the report of the expert. Here is the decision from NJ.

Here is the story of a really ugly attorney-attorney conflict, which teaches the lesson that attorneys can be really vicious. Recently graduated associate leaves a small plaintiff’s PI firm, and takes a fes small cases with her. Result? Employer attorney sends what in my opinion is a totally nasty letter to the clients, carefully couching

Conflict of interest between a race car enthusiast, a NASCAR event, and the legal field, has led to a legal malpractice case, and an enviromental pollution case. “Since 2004, the city has settled with many businesses, including the Lodi News-Sentinel. Other parties are in negotiations, and water rates have been raised to pay for the