Attorney licensed in NY and California forms a partnership with a non-attorney to represent home owners under water across the country. Around 2011 the attorney goes to Hawaii to change his name from Sean Alan Rutledge to Alan Frank. During this period of time his legal practice in California is unraveling.
"Respondent’s disciplinary proceedings in…
Wo Yee Hing Realty, Corp. v Stern ; 2012 NY Slip Op 05792 Decided on July 31, 2012
Appellate Division, First Department is an example of just how minutely the AD will examine an "underlying case" when deciding a case of legal malpractice. Here, plaintiffs hired an attorney to do the closing on a commercial…
Relentlessly applying analysis to the "but for" portion of a legal malpractice claim, the 2d Department modified a CPLR 3211 decision by Supreme Court. Here, it reversed dismissal under CPLR 3211(a)(1) yet the case remains dismissed under CPLR 3211(a)(7) because the client could not pay the mortgage.
in Cervini v Zanoni ; 2012 NY Slip…
Today, litigants are able to access so much more than in the past. When we started out, one read the NYLJ small print decisions from the AD, and there was no more modern way to get the news. Later, digital reporting has taken over. Yet, Supreme Courts do not regularly scan and publish decisions. This…
Malachowski v Daly ; 2011 NY Slip Op 06720 ; Decided on September 30, 2011 ; Appellate Division, Fourth Department is a divorce legal malpractice case from Utica, and it demonstrates two things. Plaintiff must, early on, set the tone and state the claims in bills of particular and during early discovery, and once having…
Anthony E. Davis of Hinshaw & Culbertson LLPm is a well known practitioner in the Professional Responsibility field. He is the past president of the Association of Professional Responsibility Lawyers, a columnist in the New York Law Journal and an expert witness.
He writes today on the question of retired attorneys in New York…
OCA issued this rule over the new years vacation, but no one should miss the significance of movant’s obligation to comply. New York Civil Law Blog reports it, and includes an OCA press release. It is also mentioned in Sui Generis
Here are a series of legal malpractice articles by John Blumberg reprinted from another site.
Here’s a fascinating article on how to avoid Legal Malpractice from the National Law Journal. Here is the article.
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