This article from the NYLJ by Thomas E. Chase is on Fiduciary Duty. While it does not mention legal malpractice, this is a fertile area: attorneys themselves have certain fiduciary duties to their clients, as well as third-parties. Keep your eye on this area. Article.
Hayes Legal Malpractice Case Dismissed
Anthony Lin of the NYLJ reports that attorney Edward Hayes, just off the murder trial of the Mafia Cops with Bruce Cutler, and formerly attorney to the Andy Warhol Estate, was accused of sleeping through depositions in the Robert Flutie commercial litigation case.
Yesterday, the case was dismissed on summary judgment by Judge Batts of Federal District Court Details.
Violation of Ethics Code and Legal Malpractice In New York
Kevin Schlosser of Meyer Suozzi, English & Klein writes today in the New York Law Journal on the relationship between violations of the ethics code and legal malpractice.
The relationship is not as simple as it might logically seem. violation of the ethics code is not, in itself sufficient to prove malpractice, and may not even lead to forfeiture of fees. Details. Continue Reading Violation of Ethics Code and Legal Malpractice In New York
Colorado, Pro Bono Aspirations and Legal Malpractice
Gazette.Com of Colorado Springs reports that the Colorado Supreme Court has asked all attorneys to donate 50 hours of Pro Bono time each year. Its aspirational, not required, and will not be audited. The wrinkle? It may bring up legal malpractice worries, and questions about coverage. Details.
In New Jersey settling a Legal Malpractice can be Dangerous
In NJ, the Pruder doctrine that settling an underlying suit may endanger a subsequent legal malpractice case. The same is not true in New York. Here, Drinker Biddle & Reath is the defendant in a legal malpractice case which tests the limits of this New Jersey doctrine. Details.
Officer Beats Suspect, City Defends Officer, City sues in Legal Malpractice
“The city is suing a law firm that represented it in a civil lawsuit in which it paid out $2.4 million to ex-Inglewood Police Officer Jeremy Morse and active officer Bijan Darvish, known for their roles in the brutal July 2002 arrest of teenager Donovan Jackson.” Details about the California Legal Malpractice case here.
Sidley Austin Legal Malpractice Case may soon Settle
Fendi-Weil Gotschal Legal Malpractice Settles
At almost the end of testimony, this legal malpractice case settled. It had two components. The first was the WG fees still owed: they were in excess of $2 million if you count interest. The second was whether the law firm committed malpractice, and if so, did it damage plaintiff.
This is an excellent outcome for plaintiff, especially as it lacked an attorney just months prior to trial. For the entire history of the case, see our earlier reports and todays LJ/ Details.
Disaster and Law Office Failure in Legal Malpractice
Here is a reprint of a Florida Bar Journal article by Jim Keim which discusses legal malpractice in the wake of a natural disaster, such as Katrina. Are you prepared? Article.
“de minimus” defense in Legal Malpractice
Plaintiff is seller of a house in Long Island. He hires defendant attorney to do a full service job in the sale: prepare contract, oversee negotation and transaction while seller is out of state. Things go wrong. Plaintiff alleges that attorney started unnecessary L & T proceedings even though summer renters would have left voluntarily along with other deviations.
Legal malpractice dismissed after judge determines that a mistake was made, but it was “de minimus.” Appellate Division today reversed in the matter of Gelfand v. Oliver, AD Second Department. Case link