Its bad enough when an attorney makes mistakes which cost the client. Here, its not even an attorney! The NY TImes Story:
"A Long Island man who worked as a lawyer at a major New York law firm for four years — even though, prosecutors said, he had never gone to law school &mdash…
This report from Hinshaw discusses a Georgia case in which an attorney did not file a verification in an anti-SLAPP suit. It was a mistake, but the question of whether he had to file a verification was "unsettled." So far, [summary judgment denied], the client’s legal malpractice case remains viable. Moral ? Advise the client…
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General Obligation Law Sec. 15-108 has long been a trap and a well known trap at that. Settle with one defendant, and the rest of them get to try their case against an empty seat, and get the greater of the settlement amount or the equitable share of the settling defendant.
Proving mistakes by an attorney is really the least difficult aspect of litigating a legal malpractice case. Technical aspects of the action, such as timelyness, pleading, proximate cause, and privity often overshadow a simple analysis of mistakes.
Here is a case from Michigan in which the attorney filed a divorce action in the wrong county!…
Often, a losing criminal defense attorney will. because they are usually really sympathetic guys, go to bat for a client by allowing the client to ‘give them up." This usually comes up at an ineffective counsel application by the defendant. Here is a prime example:
"A defense attorney tried a different argument for why his…
Attorney 1 started a trip and fall case against City and Contractor A. After two years he was substituted out, and Attorney 2 started a new action against Contractor B. The two actions were consolidated and eventually Contractor A won the case. Contractor B paid $ 100,000 and the City paid $ 50,000.
Is Attorney…
Attorney Harry H. Kutner, Jr. had fees overdue and he was waiting for the client to pay. Sound familiar? Today’s NYLJ , written by Daniel Wise reports:
"The retainer agreement, drafted by Mr. Kutner, gave Mr. Antonacci 15 days from the time a bill was sent out to make payment without being assessed interest.
In…
When an attorney represents a soon-to-be testator, and there are problems after death, several principles of legal malpractice law arise: privity, statute of limitations, proximate cause. Here is a NJ case which discusses several of the issues and gives a well written account of how the principles play out.
Plaintiff is a surviving child, and…
The winner of the Anna Nicole Smith lottery, who won in part because of his attorney, is now suing her to avoid a $ 600,000 legal bill. Details.
"Anna Nicole Smith’s ex-boyfriend filed a lawsuit Friday against the celebrity attorney who helped him prove he is the father of Smith’s baby daughter.
Larry Birkhead’s lawsuit…
We reported on this case a week ago, but here is another take on the issue of PA Appeals and vagueness:
"A Pennsylvania Superior Court panel has affirmed the dismissal of a legal malpractice action brought against Fox Rothschild by two brothers who claimed the firm’s handling of a family will left their inheritance lighter…
