The end of the relationship can come from any number of reasons, but the end is reached either before or at the end of the underlying litigation.

Termination by client

It is the general rule in the United States, and the rule in New York that an attorney’s representation of a client may be terminated at any time by the client, either for good cause or for no cause. Continue Reading Attorney Fees after Discharge

The fifth group arises from the failure to proffer necessary documents. The opponent to a summary judgment motion must offer admissible proof that a question of fact exists. The opponent of a threshold motion must offer the affidavit of a physician setting forth objective proofs of the injury. The proponent of a motion to restore a case marked off must offer an affidavit of merits. A motion to vacate a dismissal must contain an affidavit of merits. A motion to vacate a default requires both a reasonable excuse for the default along with an affidavit stating a meritorious cause of action or defense. The simple failure to append these documents may constitute malpractice. Continue Reading More Mistakes

There is a hierarchy of attorney malpractice mistakes, recognizable by even a layperson. At the head of the list is the failure to start an action, whether a result of failure to file a notice of claim under the General Municipal Law, The Public Authorities Law, the Court of Claims act, or other claim-notice acts. That failure may be a result of failing to file the summons and complaint, or failing to purchase a new index number for the complaint. This group of “failing to file” the case is easily recognizable to the lay juror. Continue Reading Heirarchy of Mistakes

The most common causes of attorney malpractice litigation:

1.Poor communication with the client
Always at the base of a professional malpractice lawsuit
2.Statute of Limitations problems
3.Suing a client over the bill.
Often precipitates a malpractice lawsuit
4.Notice of Claim problems
Includes municipal, agency, Court of Claims, private notice requirements, and other condition precedent situations
5.Calendar control problems
Marking off calendar, non-appearance at conferences, defaults, abandonment of motions
6.Failure to supply necessary documents
Affidavit of merits, Admissible evidence affidavit for Summary Judgment, Doctor’s affidavit for threshold cases, affidavit of a reasonable excuse and a meritorious cause of action;
7.Discovery Failures
Preclusion, dismissal for willful, contumacious behavior, failure to get necessary information for use at trial, failure to serve expert responses
8.Conflicts of interest
Matrimonial, commercial situations
9.Escrow and fee violations
Non-refundable fees, holding back escrows, failure to remit
10.Settlements and Stipulations without authority
Attorney’s agreement will bind client even against client’s wishes

Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately damaged by that deviation, but for which, there would have been a different, better or more positive outcome.” Continue Reading Elements of Attorney Malpractice

Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately damaged by that deviation, but for which, there would have been a different, better or more positive outcome.” Continue Reading What is Professional Malpractice