If thing go wrong, sue the attorney!  It’s a familiar meme, yet there are more and more arbitration clauses found in retainer agreements, especially media representations and patent law.  On the one hand, in NYS there are the mandatory fee dispute arbitrations, but that is now what we are thinking about.  As an example: PROTOSTORM, …

The first cousin to Legal Malpractice is the eternal question of legal fees.  Who pays them?  From whom may they be obtained?  How does one calculate them?  What is reasonable?  Under which situations might an attorney forfeit them?  Might one law firm be responsible to another when it says that it will cover the legal…

We recently reported on this Case in SDNY, captioned STONEWELL CORP., and RICHARD GLADSTONE, Plaintiffs, -against- CONESTOGA TITLE INSURANCE CO., WILLIAM KOLSHORN, and JERSEYSEARCH TITLE SERVICES, INC., Defendants. – as consolidated with – CONESTOGA TITLE INSURANCE CO., WILLIAM KOLSHORN, and JERSEYSEARCH TITLE SERVICES, INC.,

As is common in Federal District Court cases, there…

It’s fairly rare for defendant-attorney to move for summary judgment in a legal malpractice case, lose, and then lose at appeal.  Why do defendants move for summary judgment ?  Beyond the obvious answer that it is a shot that they can take without any downside, the general reason is that defendant believes that it can…

Legal Malpractice is family to its cousin, Medical Malpractice. In either situation, a person has put faith in a professional, asking that a threatening problem be solved. It matters little to the client/patient whether the situation is an operation or a trial. in either, the problem is overwhelming and threatening. What happens when something goes…

Infant Plaintiff is injured in a paper shredder, and goes to attorney 1.  Attorney 1, who wisely understands that he lacks the special expertise to handle the case correctly in US District Court hands case off to Attorney 2.  After a while attorney 2 speaks to a law firm even more experienced, and they together bring…

Some states have mandatory legal malpractice insurance, but New York does not.  Result?  Plaintiffs who have suffered real damages at the hands of uninsured attorneys pursue them, and cannot collect their actual damages from the attorneys.  Here is one sad example. Matter of Jobi
2010 NY Slip Op 01704 ;Decided on March 2, 2010 ;Appellate…

Legal malpractice seems to exist across the board everywhere an attorney interacts with a client.  Like the New Yorker cartoon showing a 5 year old who has dropped an ice cream cone, with an adult standing above and asking "Do you need an attorney?"  we see legal malpractice cases stitched in all settings.

Here in…