The Case: employment discrimination in a restaurant. The Claim: employee raped by employer. The outcome: a $ 400,000 sanction against her attorneys, set by district court Judge. Magistrate who heard the evidence in support of sanction recommended against sanction. Judge simply disregarded the recommendation. Appellate Court: Judge should have re-heard testimony before simply disregarding the

Today, we published entry No.502 in our legal malpractice series. Reaching that benchmark, along with the accompanying series in the NYLY Outside Counsel Column is a benchmark for the New York Attorney Malpractice Blog. Thanks for stringing along with us!

These new rules do not have a direct bearing on legal malpractice, nor do they arise from a legal malpractice case, but they do have the potential to pop up in a legal malpracitce case some months from now. The gist of new rules? Motions with a request for a TRO require specified statements by

As we have written many times, legal malpractice claims medical malpractice as its father. Here is an article from the master practitioners in Medical Malpractice, Tom Moore and Matthey Gaier, writing about how to investigate and litigate a case where the physical condition of the doctor is relavant. The physical condition [medication, physical condition, psychological

A little known principal in Legal Malpractice is the issue of privity when client is represented by union paid attorneys. An example would be a union member who is represented by an attorney paid for by the union in a disciplinary matter. There is a long line of cases which hold that there is no

Defendant attorney in this legal malpractice case worked for the insurance company [oh, yes, and for the defendant estate]. It took the case, estimed a verdict of $ 300,000 – $ 600,000 and suffered a verdict of $ 78 million, later reduced to about $ 16 million. Subrogation? Privity? May the insurer sue the attorney