What is Professional 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…
Here are the new Legal Malpractice Cases reported in New York.
1.Tolmasova v. Umarova, 2005-00917 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 7523
Pro-se litigant’s case is dismissed after failure to prosecute.
Continue Reading Legal Malpractice Cases This Week in New York
Cases which are dismissed may, under certain circumstances, be “recommenced” pursuant to CPLR 205[a]. If the case was filed timely, and was not dismissed on the merits, or for failure to prosecute, and is recommenced within 6 months, it may still be viable.
Continue Reading Legal Malpractice and CPLR 205
As if running a law practice was not difficult enough Ben Mitchell reports from the UK that in the fall of an insurer, TAG, firms either failed or were unable to renew their insurance coverage. Many legal malpractice claims appear not to be covered by insurance.
Loyala University Law School is presenting its 4th Annual National Civil Trial Competition. This year it is based upon legal malpractice arising from a wrongful criminal conviction.
Continue Reading Legal Malpractice Moot Court
A South Bergen NJ newspaper reports a very long statute of limitations in a legal malpractice case. Seemingly spread over more than 10 years, plaintiff was injured in a supremarket personal injury accident, and the case was dismissed. It appears to be some sort of calendar dismissal.
Continue Reading Long Statute of Limitations in Legal Malpractice
In a small article, the New York Times Metro Briefings reports on a legal malpractice case against Barry Scheck, famous for the Innocence Project and for his association with Johnny Cochran at Cochran, Neufeld & Scheck.
Continue Reading Barry Scheck and Legal Malpractice
Upon what may an expert in an legal malpractice trial rely? What are the bases for legal malpractice expert testimony? A partial answer is given in First Union National Bank v. Benham, an 8th Circuit case this month.
Continue Reading Legal Malpractice and Experts
Buried within the political and social commentary on the president’s nominee, Harriet Miers, is a nugget of legal malpractice information. Blue Mass. Group tells us that while the nominee was a managing partner at Locke Liddell she approved settlement of two huge legal malpractice cases. One settlement was for an allegation that the law firm…
The New York Law Journal reports a case which quotes a famous 1697 line from a William Congreve play: “Heaven has no rage like love to hatred turned, and hell has no fury like a woman scorned.” In this legal malpractice case, a matrimonial, the issues is whether the attorney was his or her’s.
Continue Reading Legal Malpractice: Whose attorney is it?
