Is the question of legal malpractice at the back of litigator’s minds? It probably is, if only for the reason that good lawyers are always calculating whether they are doing a good enough job, or, for that matter, doing enough in a case. Here is an example from overlawyered
"Well — as Ted points…
The NY Court of Appeals has decided that the following items are necessary in a Court of Claims notice. Failure to include them results in dismissal and presumably, legal malpractice.
Actions filed in the Court of Claims must enumerate the "total sum" of monetary damages being sought or they are invalid, the Court of Appeals…
BlawgIT and Law.Com "reports that a legal malpractice insurance carrier may be putting the kibosh on law blogs (blawgs). The article states that the insurance carrier, Executive Risk Specialty, a unit of Chubb, informed lawyer James Paone II, of Lomurro Davison Eastman & Munoz that lawyer blogging "is not a risk they are interested in…
What are the elements of Professional 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…
It’s not entirely clear how the relationship between Attorney Fishkin and Marlow arose with Attorney Taras but it appears that Taras referred cases to Fishkin, or Fishkin was hired by Taras to work on the cases. many settled, but Fishkin and Marlow were not paid. They sued Taras for legal fees and lost on…
Here is a US District Court decision in the Offshore Express Inc. v. Milbank Tweed Hadley & McCloy LLP, 03 Civ. 4260 case, decided: March 13, 2007 , District Judge Paul A. Crotty in the U.S. DISTRICT COURT,SOUTHERN DISTRICT OF NEW YORK .
At issue, in the statute of limitations case was whether "Milbank’s representation…
Here is a Kentucky case in which guardian of infants or "next friend" of infant hires attorney for an automobile accident case. Infant later sues attorneys for legal malpractice. Question: when hired by guardian or "next friend" can infant later sue, or must that guardian sue? Answer in Kentucky is that infant does have standing…
Solo NY attorney represented California client in Oregon courts is permitted to sue for legal fees here in NY.
Fischbarg v Doucet ,2007 NY Slip Op 01964 ,Decided on March 13, 2007 ,Appellate Division, First Department .
"With the evolution of technology, it is clear that physical presence alone should not determine whether one has…
Hinshaw reports this case in which the court sanctioned four attorneys for conduct at a deposition, including one who instructed his client not to answer outrageous questions but who neither claimed a protected privilege nor applied for a protective order under FRCP 30(d).
"The court described this case as a “grudge match.” Id. at *1.
We the People USA, a franchise of do-it-yourself legal centers that hope to do to the legal profession what H&R Block did to tax accountants. They sell legal forms, and in some instances have gone too far in "helping" clients. One customer wanted to start a malpractice case.
Morgese went to the store for…
