Highly respected attorney Thomas Hyland, of Wilson Elser, writes in the NYLJ, in part:

"We write in response to your article, "Judge Orders Firm to Disgorge Fees Over Ethics Breach," (NYLJ, April 5, page 1) which discusses Justice Marcy S. Friedman’s decision in Ulico v. Wilson, Elser, Moskowitz, Edelman & Dicker, granting partial summary judgment

The NYLJ reports "An attorney who violates the state’s official Codes, Rules and Regulations (NYCRR) by failing to obtain a written retainer agreement or letter of engagement from a client in a nonmatrimonial case can still recover fees, an appeals court held last week in a ruling of first impression.

An unanimous panel of the

The Appellate Division has ruled that plaintiff bank has lost its attorney-client privilege with subsequent attorneys over the securities gone bad legal malpractice case against Chadbourne & Parke. 

"Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered November 23, 2005, which, to the extent appealed from as limited by the briefs, declared that

Plaintiff attorney sued defendant client for legal fees and client counterclaimed for legal malpractice.  At trial plaintiff attorney lost and client won a verdict of $ 31,000 for legal malpractice.  The AD1 found that neither the fee case nor the malpractice case were proven. The malpractice case failed because although a conflict of interest was demonstrated,

This article is about medical malpractice, but it applies to legal malpractice. Examples?  When is a tax legal malpratice case complete?  is it on the day of the mistake, on the day of the filing, on the last date which a return may be filed, or when the IRS determines there was a mistake?

"Duty

The NYLJ reports:

Day Pitney Lawyers Let Off Hook in Malpractice Suit Over Arms-Dealer Loan
Mary Pat Gallagher
New Jersey Law Journal
April 4, 2007

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A company that loaned $3.5 million to a business owned by a man convicted of trying to sell military parts to Iran illegally