Plaintiff was arrested, and his attorney tried to bail him out of jail while awaiting trial. Central to the question of whether he was permitted bail was whether Plaintiff was on probation, or the probation had terminated. After the case was finished, it seems that probation had already expired, yet no one knew. Malpractice follows over the 6 months incarceration. Was it necessary or negligence? Details.

Is an arbitration clause in a retainer agreement enforceable? An article in today’s NYLJ by David L. Eisberg, a partner at Quinn Emanuel suggests that arbitration clauses may not be enforceable by law firms against their clients. He cites Larrison v. Scarola Reavis & Parent LLP to show that there is a strong public policy argument against arbitration, not to mention Part/Rule 137 of the Rules of the Chief Justice, and the question of whether this rule trumps an arbitration clause.

Leonard Cohen, singer of his poems, and famous for “Suzanne takes you down”, has won a $5 Million verdict against his former manager for “draining” his accounts, and settled what must be a legal malpractice action against his attorney, Richard Westin.Mr. Westin appears to be a professor of law at University of Kentucky Details

Reported today in the NYLJ, the case of Rubens v. Mason was set forth, with citations on 2/20/6, here. The case, in “Decisions of Interest” covered a situation in which defendant attorneys took over a very complex Dalkon Shield case late in the day, weeks before an arbitration. The claim was over 25 years old. Read about it in the earlier post.

Although it is a small law firm in Woods River Illinois, the Lakin Law Firm has made news in the St. Claire Record more than once. It’s rare that one law firm makes this blog on multiple listings. Last time it was the “Cow jumped over the moon” This time it’s a more mundane blown statute of limitations. Details.

1. Amodeo v. Gellert & Quartararo, P.C., 98541 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT , 2006 NY Slip Op 1343;
Legal malpractice complaint dismissed after because of delay in serving it after demand. Court found that an affidavit of merits required, and that plaintiff could not under any circumstances show merit.

2. Green v. Conciatori, 2004-09701, (Index No. 5246/04) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1278;

Legal Malpractice complaint dismissed against several of the defendants in attorney malpractice action arising after a very long personal injury case, with the curious allegation that they failed to find out facts about the underlying accident which differed from the facts told to them by plaintiff; other claims were time barred because they referred to a firm which was disbanded in 1994; this must have been a very long personal injury litigation with a trial and probably after-trial motion work and appeals.

3. Bellantoni v. Kelligrew, 2005-02968, (Index No. 8299/03) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1270;

Appeal dismissed because it arose from denial of a motion to re-argue.

4. Russell v Demandville Mtge. Corp., 37200/04, SUPREME COURT OF NEW YORK, KINGS COUNTY, 2006 NY Slip Op 50231U;

This case arises from a plaintiff who borrows money from a mortgage company to perform renovations on a building. The attorney, working for lender actually acts as escrow agent, and when the money is disbursed to the contractor rather than the borrower, and the contractor does not complete the work, plaintiff sues. In this case, the attorney is held in as an escrow agent, rather than simply in legal malpractice.