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 the case went on for years. Lawyer leaves plaintiff attorney firm. Case comes up for trial, and physician-lawyer is served with a subpoena, and on the morning of the trial tells all. Case dismissed. Legal malpractice? The case: “A Woodmere attorney who is also a medical doctor received a public censure last week for an ethical lapse that occurred more than 10 years ago.

The Appellate Division, Second Department, admonished the lawyer, Sheldon E. Green, for failing to disclose a conflict of interest in a personal injury lawsuit against St. Joseph Hospital in Flushing.

The decision appears on page 19 of the print edition of today’s Law Journal.

In deciding upon a censure, the least severe punishment, the court considered Mr. Green’s claim that he was an inexperienced and na�ve attorney at the time, having only been practicing law for a short period. He has since moved away from medicine and into law. ”

Question: Why was a subpoena served on an attorney? Did everyone know he had observed in the hospital? Did the client know? How did defendant know to serve a subpoena ???

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.

This has been passe for many years, and this particular blog blurb from day on torts tells about the Tennessee story. Its been the same in NY for a long time. One state, one standard.

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.

We reported this case, albeit from a different point of view a couple of weeks ago. Here is another blog report from the real estate attorney’s point of view. The blog is Closing Real Estate in Chicago. The blurb.

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 work. Here, plaintiff loses, probably on the basis that she agreed to use a joint financial expert in a matrimonial [to save $?] and did not like the results. The Case.

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