Attorney Malpractice Report

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.
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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.
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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

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