Andrew Zwirling writes in today’s NYLJ on the requirement of an attorney-client relationship in Legal Malpractice. He writes in Malpractice: Establishing Existence of Attorney-Client Relationship:
“In a legal malpractice action, a plaintiff must prove that the defendant-attorney failed to exercise the ordinary reasonable skill, care, diligence and knowledge commonly possessed by a member of
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Small Firms and Legal Malpractice Insurance
Here is a subscription article from West. For those without a subscription [like us], the article is entitled: “Are Small firms that cannot afford malpractice insurance a public danger?”
Legal malpractice insurance [a/k/a sleeping insurance] is not spectacularly expensive. Solos, and small firms really cannot afford not to have it. Even $ 250,000 coverage will…
Legal Malpractice Cases in New York from 5/9/06 to 8/1/06
1.Moran v. McCarthy, Safrath & Carbone, P.C., 2005-05801, 2005-05806, (Index No. 17101/03) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , Summary judgment for defendant attorney on the “but for” axis. Plaintiff unable to defeat SJ motion.
2.Cruciata v. Mainiero, Index 106151/04 , SUPREME COURT OF NEW YORK, APPELLATE…
Attorney Sues own Law Firm for Legal Malpractice
OK, so we were naive. we did not know that in Texas law firms own 98% of other law firms, nor that law firms are bought and sold like, cattle? [Remember, this is Texas.]
Here Fred Baron and Lisa Blue sue Baron & Budd for a variety of commercial claims, including legal malpractice. Details.
Lawyer Suspension and a Legal Malpractice Insurance Requirement
We have not seen this before. The underlying criminal/appeal/malpractice case is a mess, and difficult to follow from this news article. No matter; the interesting item is that one of the attorneys was suspended, and when he is re-instated, and under probation, he will have to provide proof of legal malpractice insurance. Details.…
South Korea Plan to eliminate Legal Malpractice
Here is a short article which outlines how South Korea plans to eliminate legal malpractice, and along the way, issue an apology. Details.
Guardian’s Attorney Legal Malpractice
Day on Torts reports the answer to this question, at least in Alaska. When can a guardian’s attorney be liable to ward? Remember, no real privity. Answer?
Defamation – Legal Malpractice Suit Continues
The Legal Intelligencer Blog today reports that “Philadelphia judge has denied a defense motion for summary judgment in a defamation action that prompted a landmark media rights decision from the Pennsylvania Supreme Court in 2004.
In his most recent opinion in Bochetto v. Gibson, Judge Albert W. Sheppard Jr. ruled that it will be up…
Is using a Paper Calendar Legal Malpractice?
My legal malpractice insurance questionaire asks me how I calendar. Here is an article from Seattle WA which says that 23.5% of all malpractice cases arise from faulty calendaring. The article goes on to discuss older attorneys and paper calendaring. His conclusion? “In the modern law office, almost all calendaring is done electronically. However, many…
W.Va. Legal Malpractice Alleged
The West Virgina Record reports that “Karen Richardson, acting as Executrix of the Estate of Freeda Pringle, says Jeffrey Barton and Barton Law Office stole at least $25,000 from Pringle’s estate and lost her case file in a lawsuit filed July 27 in Kanawha Circuit Court.” Details.