We’re proud to point today to the article "Settlements and Subsequent Legal Malpractice" in today’s New York Law Journal.  One interesting wrinkle on the legal malpractice scene is how settlements, and the rote allocutions at settlement affect legal malpractice.

"It is well settled that to establish a cause of action for legal malpractice…

Our meme today, again, is that legal malpractice is to be found in all endeavors involving attorneys.  It is no stranger to Bankruptcy proceedings, and in today’s case, a verdict is found against a Long Island Bankruptcy attorney.  Mizuno v Fischoff & Assoc. ;2010 NY Slip Op 50064(U) Decided on January 14, 2010…

Plaintiff sues law firm for legal malpractice.  Case rests on representation in a commercial real estate lease.  There was a four year period in which the landlord was building the premises, and the question of in what year  a tax escalation clause starts led to this legal malpractice case. 

Global Bus. Inst. v Rivkin Radler, LLP 01/13/2010 Other Courts 2010…

Judiciary Law  487 is suddenly all the rage.  Ironic, as it may be the oldest statute in Anglo-American jurisprudence, coming only years after the Magna Carta.  We see references to  Marbury v. Madison once in a while, but this statute is  perhaps 500 years older.

Here, in Cinao v. Reers, Index no. …

Attorney fees and legal malpractice should have nothing to do with each other.  However, the general rule is that no legal fees may be awarded in the face of legal malpractice and its corollary is that if legal fees are awarded by a court or tribunal, then there could have been no legal malpractice, whether…

It should be fairly easy to determine when the statute of limitations ends, no?  In legal malpractice, one must commence an action within three years of when the cause of action accrues, unless there continues to be "continuous representation."  When does the cause of action accrue?  This question remains thorny, and not always easily resolved. …

Plaintiff starts a case on their own, and then when they get near trial, hire the defendant attorneys to represent them in an action for personal injury to their child either at school, or due to the alleged negligence of the School district.  The attorneys take over, and are said to agree that they can…

How does one prove legal malpractice, and what documents are necessary to support a successful legal malpractice case?  A colliery to that question is how do you get those documents, and when is a request too broad, and when does a demand go to far?  An illustration of a request which went too far is found in…