Reported in the NYLJ today, [p.20, c.1]Reyes v. Leuzzi, Supreme Court, New York County. A decision by Justice Tolub dismissing a legal malpractice case on the basis that there was insufficient evidence that the attorney actually was retained by the plaintiff. Instead, the evidence indicated that the attorney accomodated the plaintiff by helping to fill out annuity forms. The attorney was representing the estate from which the annuities flowed. Later the estate took a position contrary to granting of the annuities.

May an attorney testify as an expert in a Legal Malpractice, or put another way, it is required that an attorney testify on behalf of plaintiff to make out a prima facie case? Here is a case which on appeal overturned the lower court, and which illustrates both sides of the question. Details from Blog 702.

Gannett Heirs succeeded, beyond their ad damnu requests with a $ 1.2 million dollar legal malpractice case against trust and estate lawyers Gunster Yoakely. As reported by the Florida Probate Litigation Blog this type of work is no place for amateurs. Details Gunster is facing a second phase of the case in which $ 7 million is at stake. We reported another Gunster case on 8/25/05