Here is a commentary from Larry Upshaw on the pro/con arguments for a law firm putting an arbitration clause in the retainer agreement. From plaintiff’s prospective, it can be a costly problem. Take a commercial legal malpractice in which there are potential $ 1 million damages.
A trial can be had for the cost…
Here is a case from Richmond County with an interesting twist. Facts: Mother gets into money trouble and faces foreclosure. Daughter helps out and negotiates a mortgage to pay off the earlier debts and prevent foreclosure. An attorney is "assigned" by the mortage company for the mother. Later Mom comes to believe that the terms…
Law.Com reports this Philadelphia case. "In opening statements on Tuesday in Adlerstein v. Duane Morris, physicist Joseph K. Adlerstein’s attorney, Clifford E. Haines, said Duane Morris was responsible for his client only receiving $200,000 of a $1.8 million settlement with SpectruMedix, the company he founded. And that $200,000, he said, ultimately went toward rising legal…
Thoroughly investigate any human endeavor, and error can be found. Legal malpractice law holds that one must demonstrate that "but for" the attorney’s error, there would have been a better or different result. This case, Cohen v Weitzner ,2008 NY Slip Op 00618 ,Decided on January 31, 2008 .Appellate Division, First Department illustrates the…
When does a municipality have knowledge of "the essential facts" upon which a claim is made, and when does a municipality have "actual knowledge"? This seemingly small distinction has grave consequences for a plaintiff, and incidentally plaintiff’s attorney,
Matter of Felice v Eastport/South Manor Cent. School Dist. ,2008 NY Slip Op 00691 ,Decided on…
Here is a case from Louisiana found by the Law Profession Blog.. While it has very unfamiliar language in it, the situation is very familiar. Doctor is sued for medical malpractice. He does not have a consent policy. Carrier settles without telling him some important things, such as, they waived a jury trial for him. …
Yesterday we reported that the Purlite legal malpractice case was going to the jury; it appeared from reports that a question of the statute of limitations would be the most important issue. Now, breaking news is that the trial ends with a defense verdict, but on the merits and not on the question of the…
It may be a sign of the new economic times, or it may simply be a new trend, but legal malpractice cases are increasing in the bankruptcy setting. NY Lawyer reports a fraudulent concealment – legal malpractice case by the trustee against an attorney and firm today.
Purolite hired defendant law firm Morgan Lewis & Bockius for advice on whether they could sell products to Cuba. The law firm gave advice, Purolite came under criminal investigation, and a law suit was born. NY Lawyer reports
"Both sides said Morgan Lewis’ original advice in 1993 was for the company to stop all sales…
This case has gone from US District Court to the US Court of Appeals for the Second Circuit, to the NY Court of Appeals, and back to District Court. It’s a case in which the question now is whether the retainer agreement is in effect, whether misconduct by the attorney vitiates the agreement, and to…
