Loeb & Loeb has been using a retainer agreement that required arbitration. This reported case is the second of two in which Loeb & Loeb has successfully stayed legal malpractice cases in favor of arbitration. This case held that the Supreme Court Case is stayed whild arbitration goes forward. Other courts have held that arbitration
Blog Articles
Left in Jail for 17 years after Reversal and Legal Malpractice
This story is beyond belief. Plaintiff is convicted of a crime, and then the conviction is reversed. However, no one, not his attorney, not the DA, and not the state ever let him out! Result? He stayed in jail for 17 years after reversal.
"Although the Michigan Court Appeals in 1989 overturned his 1987…
NJ Attorney Loses Legal Malpractice Coverage
Here, Hinshaw reports a NJ attorney who lost legal malpractice coverage for failure to report. Court found that it should have known, subjectively that notice to the insurer was due. NY has similar cases, for example, Cass v. American Guarantee in which the law firm should have given notice. As determined by Justice Tolub ,…
NJ Divorce Representation and Legal Malpractice
Here is a divorce legal malpractice legal fee case from the upper reaches of NJ society, complete with client meetings at the country club, promises to pay for the divorces of others, vindictive hiring of attorneys…you name it.
By way of background, on August 18, 1997, defendant retained plaintiff to represent him in a contentious…
Sidley Austin Avoids Prosecution
Anthony Lin reports in the NYLJ that Sidley Austin has avoided prosecution for tax shelter manipulation, even though one of its "expelled" attorneys is facing felony charges. SA will pay $ 39 milliion in fines.
"Federal prosecutors have decided not to bring criminal charges against Chicago law firm Sidley Austin over its involvement with illegal…
Medical Malpractice, Legal Malpractice and Communication of the Offer
Here is a very interesting case from the 2d Department. It involves one of the best and most known medical malpractice practitioners, who has more multi-million dollar verdicts and settlements than most of us have even read about. This case teaches three lessons.
The first is that an infant’s compromise, a wrongful death compromise…
Brunei Prince Sues English Lawyers in New York Legal Malpractice, and Loses
What an International Cast! "Southern District of New York Judge Lewis Kaplan dismissed civil racketeering charges seeking millions in damages against Faith Zaman and Thomas William Derbyshire by the younger brother of the Sultan of Brunei — Duli Yang Teramat Mulia Paduka Seri Pengiran Digadong Sahibul Mal Pengiran Muda Haji Jefri Bolkiah, otherwise known…
Accountant’s Negligence Points out a Lesson in Legal Malpractice
Here a tax preparer was sued for not telling an "innocent spouse" about the danger of filing a joint return, when she could have filed an individual return and avoided a startling amount of liability. After bankruptcy, wife sued and lost.
"Shortly before Ted’s death, Camille discovered that Ted had failed to pay the taxes.
CPLR 205 in Theory and Practice
Dismissal under CPLR 3216, for a failure to provide discovery, or to follow a court order of discovery has been generally thought to preclude the use of CPLR 205. CPLR 205 is a "saving statute" which allows plaintiff to start a second action within 6 months of the dismissal of the first, so long as…
Attorney-Witness Rule in Legal Malpractice Case
There is a saying that bad cases make bad law. We’ve always understood that proverb to mean that poorly argued or conceptualized cases affect the entire field of law. Here is an example of the situation. Pro-se defendant attorney in a legal malpractice case was served directly in hand by the attorney for plaintiff. Why…