Liens in New York
A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is lost if the file or documents are no longer in the attorney’s possession. Continue Reading Attorney Liens and Legal Malpractice in NY
Here are new legal malpractice decisions from 11/1/05 – 11/8/05:
1. Selletti v. Liotti: Plaintiff’s motion for summary judgment fails, AD affirms. “Plaintiff failed to submit evidence sufficient to establish, as a matter of law, that his conduct in prosecuting the federal action did not contribute to the imposition of the monetary sanction.”
2. Linder v. Dranoff: Defendant successfully moved for summary judgment. AD affirmed. “The plaintiff, in opposition, failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint.”
3. Collymore v. Secretary of Housing & Urban Dev.: Plaintiff sues real estate closing attorney as part of a much larger case. Statute of limitations ran for attorney. “The complaint alleges that the defendants, one of whom was the plaintiff’s closing attorney, converted her loan proceeds on August 27, 1993. The [**3] plaintiff did not commence the instant action until July 28, 2003. This clearly falls outside the applicable statutes of limitation.”
Anthony Lin reports in the New York Law Journal that an investor’s Legal Malpractice lawsuit against Herrick Feinstein will continue, after a decision by Supreme Court Justice Louis York in the matter of Agate v. Herrick Feinstein in Supreme Court, New York County.
The Detroit News reports that Harvey R. Heller has been honored as one of the “Best Lawyers in America 2006” and concentrates in Legal Malpractice. Continue Reading Detroit Legal Malpractice Attorney Honored
The Plain Dealer reports a $6 million dollar verdict in a legal malpractice case. Here’s the full article: Continue Reading $6 Million Legal Malpractice Verdict
As a follow up to the “Cow jumped over the Legal Malpractice” blog of 11/2/05, the case reportedly settled. The St. Clair Record reports that the case settled during trial. Continue Reading Cow Legal Malpractice Case Settled
A news report of an upcoming “Legal Malpractice & Risk Management Conference” to be held in Chicago. Further information can be found at LRM
A NJ resident who was working in Mass dies in a car accident. The Mass hospital had a giant lien. Through a long string of circumstances it ends up suing the NJ attorney representing the estate and the father. The NJ principal of legal malpractice law? “There is no dispute about the facts bearing on Goldberger’s breach of duty, consisting of his correspondence with Kent and his conduct in settling the workers’ compensation case without notice to Kent, the attorney for the Medical Providers. An attorney owes a duty of care to non-clients when the attorney knows, or should know, that the non-client will rely on the attorney’s representations and the non-client is not too remote from the attorney to be entitled to protection. Petrillo v. Bachenberg, 139 N.J. 472, 485 (1995).” Continue Reading NJ and Mass Legal Malpractice Case
Here’s a true story about legal malpractice and a cow. The Madison Record reports the following story: Continue Reading And the Cow jumped over the Legal Malpractice
David M. Black of Sommers Schwartz, Southfield is included in the 2006 edition of The Best Lawyers in America. David M. Black of Ann Arbor is included for legal malpractice law
