Here’s yet another thing to worry about: being the victim in a check cashing scheme coming out of one of your case, and then having no insurance for it. Read the blog blurb.
Blog Articles
Appellate Reversal Blog and Legal Malpractice
Here’s a site totally dedicated to appellate reversals. It lists and discusses, often in great detail, every appellate reversal in New York. One of them deals with the Wilson Elser appellate reversal we discussed a week ago.
Its a judicial gossip site too! Read their take on the Court of Appeals hopefuls.
A commentary on Collectability in Legal Malpractice
The departments in New York are split on this issue. 1st Department: burden in on defendant and it is an affirmative defense. 2nd Dept and 3d Dept: Burden in on Plaintiff. Collectability is the issue of how much could be collected on a hypothetical judgment which would have been obtained. Here is Day on Torts…
My Hampster made me forget to sue in Legal Malpractice
You really can’t make these kinds of stories up. Legal malpractice case is untimely. Plaintiff seeks to use his medical condition as an excuse for his lateness. It can work on ocassion. Here: my hampster cell ingestion kept me from suing. The story.
Cut and Paste Legal Services and the Threat of Legal Malpractice
We reported on this a couple of weeks ago: a la carte legal services rather than an entire meal. Attorney and client agree on a specific service, ususally for a specific fee. Problem? The specific service may not be everything necessary. As an example, attorney agrees to help client in divorce mediation, but does not…
Duane Morris and Conflict of Interest
"Duane Morris, ordered out of a local arbitration proceeding last year after being sued by health care giant McKesson Corp. over a conflict of interest, has filed a motion for a new trial and asked that a permanent injunction against it be lifted.
McKesson contends that because Duane Morris represented one of its subsidiaries in…
Innocence, Criminal Conviction and Legal Malpractice
Here is a man wrongfully convicted of rape, who was released after 4 years. He obtained the maximum $ 25,000 from the state and a portion of his appellate fees. He also sued his criminal defense attorney for failing to go after DNA evidence, which eventually exonorated him. First Trial? $2.8 million, then appellate reversal. …
No to Attorney Fees against Artist
Attorney Richard Altman was not permitted fees in his defense [on a contingent retainer] of the artist whose wall side work on Houston and Broadway hung, was removed, was reinstated and then lost on appeal. He is permitted the possiblity of fees on an appeal, however. The details. " A claim for attorney’s fees against the artist…
Legal Malpractice by Dentists?
Here is a toothsome [sorry] case in which dentists, turned lawyers are now accused of legal malpractice in a dental malpractice case.
Their mistake? Not asserting loss of income in the BP. The result? A pain and suffering verdict of $ 260,000 but nothing for loss of income. From the New York Law Journal:
"A…
Junk Yard Legal Malpractice Case
Plaintiff in Legal Malpractice Case was a defendant in a personal injury case. He says the case could have been settled for $ 35,000 when the injured party’s attorney made a demand. His attorney, without asking junk yard owner, rejected the demand and went to trial. Result ? Junk yard owner paid more, and now…