22 NYCRR 1215 is a section of the law that governs attorney fees and engagement letters or retainer agreements. Until recently, courts have had differeing interpretations of the penalty when an attorney seeks fees but has no retainer agreement or engagement letter.
The cases were decided in three different ways: the first allowed the attorrney fees determined…
Christian, son of Marlon Brando died last week, and the AP his former wife has now started a legal malpractice action concerning his will and codicils. "But his family requested the autopsy on Monday "based on his past drug history," Los Angeles County coroner’s Lt Fred Corral said.
The autopsy, including a toxicology analysis, was…
Small or Multi-billion dollar case, legal malpractice cases all rest upon the same three bases: deviation from accepted practice, proximate cause and damage. As an example, here is a smallish case from the Madison Record:
"A legal malpractice claim filed by Cydney Hollaway against Fairview Heights attorney Thomas C. Rich alleges she did not…
From an unpublished Illinois case, discussed by the Illinois Legal Malpractice Blog, we are reminded of the fact that a bankruptcy filing will generally cut off plaintiff’s right to bring any law suit, including the legal malpractice case. Two things that always bear review:
1. When one files bankruptcy, everything, including potential unpled causes of…
On some ocassions, the dissection of a case yields interesting insights. Here is a Second Department Case: Petersen v Lysaght, Lysaght & Kramer, P.C. , 2008 NY Slip Op 00472
Decided on January 22, 2008 ,Appellate Division, Second Department which illustrates several points:
1. Some cases are a problem from begining to end. In this…
We’ve reported on the widespread influence of Deleware corporate law. Many attorneys seemingly practice Delaware law without setting a foot there, without holding themselves out as Delaware attorneys. This happens when they advise corporate clients on how Delaware would act.
Here, in a Hinshaw report, is the collalary: Delaware exercising personal jurisdiction over an ever…
Its Idaho, and its Winter. However, this is not a weather blog. Here is a case illustrating the age old conflict of interest between the insured and its insurer. Here, the insured says that defendant attorney’s mission was to protect the insurance company, not the insured.
The Times-News reports: "St. Luke’s Magic Valley Regional…
Here is an Idaho Decision from the Supreme Court of Idaho, which discusses how the statements of an attorney, representing his client in a court proceeding. may be used against him later, as "admissions,"
"The issue is, whether an attorney’s statements in the course of representation fo a client may be used against that attorney…
Here is a New York Law Journal report of a legal malpractice case involving the White House, sitting judges, and other big players.
"Blackwater Security filed a $30 million malpractice suit against Washington, D.C., law firm Wiley Rein on Wednesday, alleging the firm made costly missteps in a wrongful death case brought on behalf of…
Many legal malpractice cases arise from failures to file a notice of claim against a municipality or against the state. The case law is rife with General Municipal Law mistakes, as well as Court of Claims Act errors. This case, which involves not New York but Louisiana, shocks the conscience.
