Today’s NYLJ article by Daniel Wise chronicles the chilling story of an attorney who put his own freedom at risk in order to stymie a former client, and a successor attorney.  Why, and the clumsy method undertaken is the mystery.  in In re: RUBY G. EMANUEL, Debtor.;Chapter 7, Case No. 97-44969 (SMB); UNITED…

The rule is pretty clear; one may not sue a criminal defense attorney unless there is a showing of innocence.  Innocence means acquittal or reversal on appeal.  Here, in Peo v. Radcliff is a stunning example of how and why the rule exists.  In this case, defendant was convicted after a bench trial.  The implication…

A recurring problem in medical malpractice cases is one in which the attorneys take on a case, start the case, and then at the critical juncture when an expert has to be named, abandon the case.  From a business point of view, this behavior is incomprehensible.  On further reflection, it seems to us that the…

An often found situation in legal malpractice cases is the successor counsel problem.  In a nutshell, here it is.  Plaintiff hires attorney 1 who makes a mistake.  Plaintiff finds out about the mistake, which has not led to outright dismissal, but rather, to a problem.  Plaintiff hires attorney 2 who is unable to solve the…

Rule 1215, setting forth the necessity for a retainer agreement between attorney and client, has some very strong language.  Under the rule, in the absence of a retainer agrement, no legal fee can be enforced.  This is the rule, no?

Actually, no.  A case this week in the Appellate Division, First Department underscores the…

It’s just a few words spoken to the record, and in this case, none of the participants dispute what was the agreement between the parties, yet, here, a settlement was not a settlement, and all because the judge made a decision and held firmly to it.

In Diarassouba v Urban ;2009 NY Slip Op…

One might think that after a loss of the underlying case, a legal malpractice action will undoubtedly be successful.  That thought is, of course, naive.  As an example. suppose you are a landlord and owner of a commercial setting who sells to buyer, who is to pay for the sale over time.  buyer disappears, and…

Nate Raymond of the NYLJ reports a second unusual legal malpractice case, this time with an attorney as the plaintiff.  He sues over a case concerning his former law office and whether he was due money in the wake of its breakup.  "Partnership law expert Leslie Corwin is being sued by an attorney he represented…