The irony of mistakes made in a legal malpractice action, which of course pleads that mistakes were made in the underlying case is not lost on us. Pro-se legal malpractice litigation is a rich source of examples. Klein v Octobre 2014 NY Slip Op 30907(U) April 7, 2014 Supreme Court, New York County Docket Number:
Legal Malpractice News
The Volcano and Legal Malpractice
Allentown, PA is the epicenter of this legal malpractice case. A group of investors wanted to start a nightclub/bar, and started to explore the Pennsylvania countryside in order to locate the Volcano, where they would set up bar.
Things did not go well. Allentown was just not ready for the Volcano. It was too loud…
A Shocking Story in Syracuse
Small Smiles is a horror story of dental marketing, and the abuse of children. There is a legal malpractice aspect to it, which is wholly overshadowed by the callous dentistry here.
"All plaintiffs allege that: (1) defendants engaged in a scheme to treat patients for Forba’s profits rather than for plaintiffs’ dental needs; (2) the…
No Contribution and No Indemnification in this Legal Malpractice Case
A real estate development gone wrong. It’s a common litigation situation, and attorneys are often in for the legal malpractice aspect of the case. Here, in YDRA,LLC v Mitchell 2014 NY Slip Op 50505(U) Decided on April 3, 2014 Supreme Court, Queens County Siegal, J.
Supreme Court, Queens County untwists the skein…
Is Legal Malpractice a Tort ?
Legal malpractice is a tort, right? Everyone knows that it’s a variety of negligence, and it can be pled in tort or in contract? Technically, yes, but its really a different kind of tort. It does not have unlimited damages (think emotional disturbance) it does not allow for windfalls (think "ascertainable damages") and in generally…
Taxes and Death. Taxes Don’t Qualify as Damages for Legal Malpractice
Yesterday, we discussed Chang Yi Chen v Zhen Huang 2014 NY Slip Op 50517(U) Decided on March 31, 2014 Supreme Court, Kings County Schmidt, J. . Put in short, Plaintiff initiated a 1031 like-kind real estate exchange, only to have it fail because the attorney returned the escrow money to Plaintiff in order to…
A Small Dispute With Significant Legal Malpractice Issues
Chang Yi Chen v Zhen Huang 2014 NY Slip Op 50517(U) Decided on March 31, 2014 Supreme Court, Kings County Schmidt, J. is ostensibly about a single real estate deal, but it discusses two very significant issues. One is the very nature of legal malpractice damages and the other is when interest paid by…
A Tragic Outcome That Could Not Be Prevented
A child falls from the window. The window had no child-guards. The landlord is at fault. The law firms sue and get a judgment. The landlord sells the building and disappears. The money is hidden. is the attorney at fault?
Noel v. Law Off of Mark E. Feinberg, 2014 NY Slip Op 50516(U) Decided…
A Blow by Blow Description of Overbilling and Padding by an Attorney
What happens when a non-English speaking, novice litigant goes to an attorney for a simple issue to be resolved, and ends up, years later, paying $ 90,000? What usually happens is that the client goes off unhappy. Here in Law Off. of Thaniel J. Beinert v Litinskaya 2014 NY Slip Op 50504(U)
Decided on March…
A Medical Malpractice Loss, A Legal Malpractice Win
A frequent scenario in medical malpractice litigation is the attorney or firm that takes on a case, assures the client that it has merit, obtains a certificate of merit to file the complaint, goes through discovery, and then fails to hire an expert. At that point the law firm asks to be relieved, and often…