1. Menicucci Villa & Assoc., PLLC v. Pickett, 2004-02339 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 10103; December 27, 2005. AD affirms CPLR 3211[a][7] dismissal for attorney.

2. Nationwide Assoc., Inc. v. Epstein, 2004-06060 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 10105. Case dismissed because plaintiff failed to list this cause of action in bankruptcy petition or schedule. Cause of action is now trustee’s, not plaintiff’s.

Here’s a legal malpractice case from Indiana concerning valuation of a marital estate. Wife sued for legal malpractice after the divorce alleging that the attorneys had failed to determine her husband’s true financial holdings. Details from Valuation Issues in Indiana Blog.

Physician’s Personal Goodwill Not A Marital Asset
Gilman v. Hohman, 725 N.E.2d 425 (Ind.Ct.App. March 8, 2000)

A former client brought legal malpractice action against attorneys who had represented her in marital dissolution, alleging that attorneys had committed malpractice by failing to value goodwill of client’s former husband in his medical practice when preparing marital property settlement agreement. The Court of Appeals held that husband, who was employed as a salaried staff member physician of a medical clinic in which he held no ownership interest, and who was subject to a covenant not to compete, had no goodwill except that due to his own personal reputation or ongoing efforts, and such personal goodwill was not includable as a marital asset or divisible in a marital dissolution action.
posted by Jerome Peters

For the most part, legal malpractice cases revolve around money damages. Plaintiff’s are usually satisfied with a financial settlement. This case is apparently different. Here, plaintiff goes for the throat.

“Stringing him to an Oak tree might be too good for him. He has done a severe injustice to the citizens of Lodi and should be held responsible. I’m hoping, if possible, through a lawsuit that we might prevent him from doing this to other communities.”
— Councilman Larry Hansen on the city’s decision to sue its former environmental attorney, Michael Donovan, for fraud and negligence.
Details.

A wholly new rule has been set by the Chief Administrative Judge of New York Courts:

“If 60 days have elapsed after a motion has been finally submitted or oral argument held, whichever is later, an no decision has been issued by the court, counsel for the movant shall send the court a letter alerting it to this fact with copies to all parties to the motion.”

Query: will a failure to alert the court, or a lapse of time consitute legal malpractice?

Pinning down and cementing a party’s story is the essential purpose of a deposition. How do you do it with a defendant attorney? What are you permitted to ask? What must the attorney answer?

Read all about what may be done, what is allowable, and how to get the defendant attorney to commit to the standard of care relating to the defendant’s professional behavior. See the article on January 4 in the New York Law Journal Outside Counsel column by Andrew Lavoott Bluestone.

1. Ellsworth v. Foley, 1458 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2005 NY Slip Op 9871; Decided, December 22, 2005. Plaintiff lost medical malpractice and on appeal when it was determined that attorneys failed to make sufficient jury instruction request/objection. Nevertheless, Attorney malpractice action dismissed for failure to allege sufficient facts in complaint.

2. Brooks v. Ross, 2003-10491, 2004-06192 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 9666; December 19, 2005, Decided. In this Legal Malpractice matter, Attorney successfully moved for permission to file late motion for summary judgment, and successfully moved for summary judgment. Plaintiff unable to demonstrate deviation.

3. Levy v. Laing, 570666/05. , SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT , 2005 NY Slip Op 52066U; December 19, 2005, Decided. Attorney 1 starts legal malpractice case, from which he is substituted out, arranging for a 30% lien. Case 1 is dismissed, and new attorneys start case 2. Case 2 settles. Attorney 1 is due no fees at all based upon the dismissal of case 1.