A long entry in the New York Law Journal by Tom Perrotta gives the procedural history of this fascinating case. Defendant Barry Scheck is a world class attorney, and the party’s attorneys, Joel Berger and Ron Minkoff are both highly experienced, and well known in the Legal Malpractice communities. Continue Reading Legal Malpractice and Barry Scheck II

It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does not rise to the level of attorney malpractice. Continue Reading Legal Malpractice and Termination for Cause

The Sioux City Journal reports that an Omaha law firm has been found liable in a Legal Malpractice case arising from commerical advice concerning the operation of casinos. “The jury ruled that attorneys James D. Wegner, William F. Hargens and the firm did not fulfill their duties to properly advise Bellino about how to separate from his business partner before opening another business.” Continue Reading Big Verdict in Omaha Legal Malpractice Case

Two cases are reported this week.

Conti v. Frank, 2005 NY Slip Op 7615; 2005 N.Y. App. Div. LEXIS 10971, October 18, 2005, Decided, October 18, 2005. Plaintiff’s complaint for legal malpractice based on the failure to sue a physician [apparently as well as the hospital] was dismissed on CPLR 3211 grounds. The court implied that a medical malpractice case against the physician’s hospital employer negated legal malpractice for failure to sue the physician individually.

Rosato v. Zuchlewski, 2005 NY Slip Op 7809; 2005 N.Y. App. Div. LEXIS 11228, October 20, 2005, Decided, October 20, 2005 comes from “secret” negotiations in an employment discrimination case alleged to have caused plaintiff injury. The court denied dismissal on the stated facts.

It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does not rise to the level of attorney malpractice. Continue Reading Legal Malpractice and Termination of the Attorney

With all the social issues concerning the nomination of a new Supreme Court judge it is interesting that the Legal Malpractice connection of this particular nominee is not going away. A report in Centre daily.com relates that Miers’ firm Locke Liddell not only settled legal malpractice cases for more than $ 30 million, but that she personally sat on the board of her firm’s own malpractice insurer, Chicago-based Attorneys’ Liability Assurance Society.