In the Creditanstalt Inv. Bank AG v Chadbourne & Parke LLP , 2007 NYSlipOp 02794 .April 3, 2007 ,
Appellate Division, First Department case, the AD1 allowed an invasion of the attorney-client privilege regarding discussions plaintiff had with other law firms about the problem they sued over.
Although the dissent makes a good case…
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…
Clients understood that a request for legal fees in Surrogate’s Court would preclude any legal malpractice case later. Their claim was that they would have accepted a settlement offer, but their attorney assured them that they had a meritorious case. Surrogate’s court then ruled against them in the will contest. Attorney sought fees, they sued…
TheLA Times reports on a proposed legal malpractice insurance disclosure rule in California.
"California lawyers will have to tell their clients whether they carry malpractice insurance under a proposed rule that opponents say could add to the costs of going to court.
About 20% of the state’s 150,000 lawyers don’t have malpractice coverage, according…
The Blog, LA BizObserved reports that:
"Malpractice disclosure: A task force of the State Bar of California is proposing that lawyers be required to tell their clients whether they carry malpractice insurance (about 20 percent of the state’s 150,000 lawyers don’t, many of them sole practitioners). Opponents say the the requirement could force all lawyers…
Attorney 1 starts to look at a case for client, files a retainer statement and a month later is told to stop work. Attorney 2 starts to work on the case, but we do not know what happened after that, except that the case settled for $ 450,000. Michael B. Miller PC v. Joel …
Client is in an auto accident. Attorney 1 works the case, brings it to a $ 600,000 settlement offer. Client goes for a 2d opinion, and they tell him the first attorney committed malpractice by not bringing a derivitive action for the wife. 2d Attorney ups the offer to $950,000 which the client accepts.
Who…
A recurring situation is the question of whether an attorney who prepares a will can be held liable to the estate or even more distantly, to the beneficiaries for work performed before the death. Here ia a NJ case where plaintiff loses. CARL TORBAN, individually and as Executor of the Estate of Albie J. Torban…
New York newspapers don”t generally inform the public about civil trials. The Madison Record regularly reports on civil cases, and from them we get this story:
"Brad Lakin didn’t know that a federal judge in Oklahoma entered default judgment of about $4 million against his firm until he read about it in a newspaper, according…
While not strictly legal malpractice, this case deals with arbitration of professional fees and accounting malpractice. The kicker? It involvs the E-Street Band drummer.
"Gursey’s retainer agreement contained an arbitration provision that provided for mandatory arbitration of “[a]ny controversy, claim, or dispute relating to . . . unpaid fees for professional services.” Further, the arbitration…
