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
Blog Articles
Michigan Legal Malpractice Client who would not Quit
Clients come in all stripes. Some are reasonable, some not. This client hired the Ernst law firm, but a fee dispute arose. Ernst sued for fees and he counterclaimed for legal malpractice. just before trial, his attorney quit. Why? We don’t know. But, an attorney who quits just before trial suggests problems with the case or…
Mayer Brown, Private Equity Trading and Legal Malpractice
The NYLJ’s Anthony Lin reports:
"The private equity firm that owned a controlling interest in failed commodities brokerage Refco Inc. has filed a $245 million lawsuit against Mayer, Brown, Rowe & Maw, accusing the law firm of helping to conceal the sham transactions that led to Refco’s collapse.
Boston-based buyout firm Thomas H. Lee…
What is Legal 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,…
Attorney wins Medical Malpractice Cases, Gets sued in Legal Malpractice
This shocking medical malpractice case was won by attorney Larry Eisenberg in California. Reading to the bottom, even though this attorney cracked the med mal case, he is now being sued in legal malpractice by the first client in the liver series.
"The University of California has agreed to pay $7.5 million to settle 35…
Attorney Did Not Investigate the “Advisor” and is Sued in Legal Malpractice
California attorney was approached by a new client. Elder Law Answers reports that the new client, an elderly woman came with an "advisor" for whom she wanted to get a power of attorney. The advisor was helping the client by supplying vicodan and marijuhana. When the advisor stole her money, she turned and sued…
Going Too Far in a Deposition Can Get You Sued
We know that there are now specific rules about depositions in New York, and we are familiar with the "barking dog" deposition case here too. New Jersey has its own story:
"Rough spots are common on the road of civil litigation, but it’s not every day that a plaintiffs attorney sues his adversary for asking…
Lawfirm Cleared of Trying to “Pick the Lock”
Lawfirm looked at party’s web site and found documents which were supposed to be protected.
"Although the archived pages were supposed to be shielded from public view, the protections failed and lawyers at Harding Earley Follmer & Frailey in Valley Forge, Pa., did not hack their way in, Eastern District of Pennsylvania Judge Robert Kelly…
Did This Husband Stalk his Wife’s Attorney?
This case from Long Island is tantalizing. Attorney represents wife in a divorce proceeding, and is stalked by husband. Attorney successfully obtains a $ 300,000 verdict for intentional infliction of emotional distress, on a counterclaim. Verdict is reduced and reduced again, but…
Eves v Ray 2007 NY Slip Op 06098 Decided on July 17, 2007 Appellate Division…
Lawyer Advertising
This has to be today’s big story. This will be all over the web, and will be reported in much greater detail. But the NYLJ reports:
"A federal judge has ruled unconstitutional most of the sweeping new restrictions on attorney advertising introduced earlier this year by the New York courts.
The restrictions, which went into effect…