A news article from the Berkshire Eagle Newspaper [Mass.] tells an interesting story of an attorney whose client filed bankruptcy in order to avoid $ 34,000 in fines for pirating cable. Client turned around and sued his attorney for advising perjury in the bankruptcy filing. Client lost legal malpractice case. Details

Here is an interesting article from Marian C. Rice, Esq., a source we’ve quoted before [11/15/05]. It discusses a recent NYS Court of Appeals case on privity: the right of a non-client to sue counsel in Legal Malpractice based upon the acts of the non-retained attorney. Continue Reading Privity, Legal Malpractice and the NYS Court of Appeals

The Madison County Record reports that attorneys Gundlach, Lee, Eggmann, Boyle & Roessle were sued by their former client. In this case the client is a doctor, as well as a lawyer, as well as an expert witness, Rocco Marrese, M.D. Dr. Marrese was found liable in a medical malpractice case, and this legal malpractice action is the coda. Details Continue Reading Legal Malpractice from an Unusual Source

Tropp v. Lumer, 2004-11025 ,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 8972;
Plaintiff wins summary judgment motion on continuous representation by showing that defendant attorney was “watching over” the case he referred, and that he participated by at least preparing plaintiff for the EBT.

Merlin Biomed Asset Mgt., LLC v. Wolf Block Schorr & Solis-Cohen LLP,
2005 NY Slip Op 8651, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
Plaintiff loses summary judgment for failure to offer expert affidavit on motion.

Transcare N.Y., Inc. v. Finkelstein, Levine & Gittlesohn & Partners, SUPREME COURT OF THE STATE OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
“Summary judgment was improper as fact questions existed surrounding a legal malpractice claim and actual damages alleged to be incidental thereto.”

Rogers v. Ciprian,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2005 NY Slip Op 8663.
Clouded action against immigration attorney, which seems to have lacked privity.