The law of legal malpractice and the statute of limitations is in flux in California. Their supreme court has agreed to look at the issue in the area of continuous representation. Details from Duane Morris law firm here.
Forging Legal Malpractice Insurance Documents?
As if stealing from a client were not bad enough, and in this case, stealing more than $150,000, this particular attorney also forged legal malpractice documents, which one surmises, were required in his state of CT. Details.
Stay of Proceedings during Crminal Prosecution?
Take a look at this blog blurb on the question of how to protect your legal malpractice law suit during an ongoing crminal prosecution. This Nebraska Huskerblawg article implies that there could have been a stay of the legal malpractice proceedings during the criminal prosecution. Queery: how do you do it when no legal malpractice case has been started? What caption do you use?
Legal Malpractice to follow Brasota Bankruptcy Settlement?
In a major Florida Bankruptcy settlement in the Brasota mortgage case, a $5.8 million settlement has been reached. If you read to the end of the article you will see that the possibility of a legal malpractice case to follow tantilizes.
Legal Malpractice against Akin Gump Dismissed
A Legal Malpractice action against Akin Gump was dismissed by Justice York in Supreme Court, New York County on statute of limitations grounds. Finding a clear break between two different representations on the same issue of limited partnership storage company litigations, he dismissed.
Not exactly legal malpractice
Here is an interesting “blame the lawyers” for the problem. Akin to legal malpractice, this article points out a public relations campaign to blame lawyers for the US church abuse situation. Details.
Boutique v. Weil Gotshal and Fendi Legal Malpractice Case
We’ve reported the earlier aspects of this case, but the Legal Malpractice case against Weil Gotshal arising over its Fendi and Prada representation and the conflict of interest when it represented a NJ boutique has started. Anthony Lin in the NYLJ Details.
The Oldest Legal Malpractice Case in NY??
A 19 year old case, brought by a pro-se matrimonial litigant, is still pending against the fifth and last attorney who represented this divorcee.
Now, after 19 years, her motion to amend the pleadings has been denied. The case against Arnold B. Firestone, a matrimonial attorney, continues, albiet in its earlier pleaded form. Details.
Legal Malpractice Cases 4-7-06 to 5-8-06
1.Laduca v. Levidow, Levidow & Oberman, 2005-04771, (Index Nos. 42874/01, 75061/02, 75419/02) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 3545; Restoral to calendar permitted.
2.Rajasethupathy v. Gray, Feldman & Rosenbaum, LLP, 478, CA 05-01781 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2006 NY Slip Op 3292; Motion for Summary judgment dismisses against one attorney defendant and finds liability against second defendant without a written opinion.
3. Edwards v. Siegel, Kelleher & Kahn, CA 05-01493 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2006 NY Slip Op 3365; Two appeals, from the same day, in differing amounts of $ 294,000 and $ 454,000. Mystery: 2 cases or appellate mistakes?
4. Edwards v. Siegel, Kelleher & Kahn, CA 05-01494 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2006 NY Slip Op 3366;
6. Peak v. Bartlett, Pontiff, Stewart & Rhodes, P.C., 98718 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT , 2006 NY Slip Op 3135; SJ granted to defendants on proof that the “mistake” was actually plaintiff’s “adament ” choice.
6. Town of N. Hempstead v. Winston & Strawn, LLP, 2005-11879, (Index No. 19050/03) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 3075; Previously reported dismissal on appeal.
7. Lai v. Gartlan, 8263-8264, Index 602425/02 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 2655; 811 N.Y.S.2d 917; Dismissal on statute of limitations granted when it appears that while general representation continues, no proof that work continued on the same case.
8. Casement v. O’Neill, 2005-00670, (Index No. 3880/04) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 2711;
Plaintiff pled guilty in a criminal matter.No malpractice cause of action.
9.Brown v. Connell, 04 Civ. 10152 (PAC)(GWG) , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Legal malpractice dismissed in another criminal setting. Further: no ineffective assistance of counsel.
2. Sash v. Dudley, 05 Civ. 7498 (SAS) , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK , Previously reported legal malpractice after criminal conviction for WTC fraud.
“Getting theirs” in Legal Malpractice
Here is a rather sour entry from Forbes. I’ve reprinted a portion of this subscription required article. Continue Reading “Getting theirs” in Legal Malpractice