The doctrine of Strategic choice is a high hurdle for the attorney malpractice plaintiff. Courts often determine that “mere differences of opinion concerning strategy do not rise to the level of discharge for cause” or in other words, malpractice. Continue Reading Strategic Choice
Michael Bolton litigation
Michael Bolton http://www.michaelbolton.com has sued Weil Gotshal & Manges http://www.weil.com over whether it was conflicted Continue Reading Michael Bolton litigation
West Virginia Attorney Insurance
The West Virginia State Bar Association http://www.wvbar.org reports that it has passed a bylaw requiring all attorneys in W.Va to disclose whether they have professional liability insurance. Continue Reading West Virginia Attorney Insurance
Due dilligence and distant damages
Mama’s Food Shop wanted to expand its eatery to add a sidewalk cafe. It was not permitted by the Department of Buildings. They sued various parties, and their attorney, on the theory Continue Reading Due dilligence and distant damages
Lynrd Skynrd and unconscionable attorney fees
The Second circuit has asked the Court of Appeals to answer a question concerning the Lynrd Skynyrd band http://www.skynyrd.com Continue Reading Lynrd Skynrd and unconscionable attorney fees
NYSTLA warns that Fed law will preempt
A pending Federal law may well preempt New York’s vicarious liability law for motor vehicle lessors, says the New York State Trial Lawyers Association http://www.nystla.org. Continue Reading NYSTLA warns that Fed law will preempt
Legal Malpractice and Attorney Abuse
A new website “dedicated to recording and exposing abuses by Attorneys” has made a splash. naraca.org says that it will protect liberties and work with anyone “who has had the misfortune to cross an attorney that has committed a crime or abuse” Continue Reading Legal Malpractice and Attorney Abuse
Collectability in Attorney Malpractice
What happens when the plaintiff may or may not have been able to collect from the underlying defendant? In attorney malpractice, it is always the obligation of plaintiff to Continue Reading Collectability in Attorney Malpractice
Non-recourse loans
Reported in the www.nylj.com today is an interesting case on the attorney-client relationship, attorney malpractice and non-recourse loans. Continue Reading Non-recourse loans
NJ Divorce malpractice blocked
Robert Durst of http://njlawblog.com tells us that in New Jersey, a Divorce litigant’s malpractice claim is barred by their acknowledgment of the settlement Continue Reading NJ Divorce malpractice blocked