One has to shake the head and ask why all the effort goes into a law suit that will [or is so likely to] fail? The question is multiplied when plaintiff is an attorney seeking fees.
Rule 137 seems pretty comprehensive and exacting. Attorney who seeks a fee needs to serve th client with an…
Yesterday we discussed the plaintiff v. her own attorney part of Dupree v Voorhees ; 2009 NY Slip Op 09183 ; Decided on December 8, 2009 ; Appellate Division, Second Department . Today we look at Dupree v. her husband’s attorneys. Traditionally this type of case has been out of bounds. For policy reasons, courts…
Dupree v. Voorhees, 2009 NY Slip Op 09183 ;Decided on December 8, 2009 ;Appellate Division, Second Department is an example of the breathtaking reversals that might happen on appeal, and how the law can "change" in the period between dismissal and the appeal. Today we will look at the legal malpractice part of this…
Reading between the lines in Minkow v. Sanders, plaintiff was a difficult client. To begin, he was her third attorney. As a digression, defense attorneys in legal malpractice cases often tee off with the assertion that their client is the "third" or "fourth" attorney that plaintiff has had, and boot strap from that…
What do the parties really think in an attorney – fee dispute which totals in the $6 million range. Most attorney fee disputes are less than $50,000, In NY that qualifies for the court monitored Attorney-Fee dispute program Here, in a startling NYLJ article Nate Raymond writes about the Debevoise & Plimpton cases against Candlewood Timber…
There are lawyers who try cases to the limit and there are lawyers who try too hard. This morning we were reading a NY Times article about the "capital panel.’ These are attorneys who will eventually represent the Guantanimo defendants at their Federal terrorism trials. A potential for the death penalty exists in these cases.…
We are proud to report that Andrew Lavoott Bluestone has been admitted as a Diplomate to the American Board of Professional Liability Attorneys. Andrew Lavoott Bluestone is the author and publisher of the New York Attorney Malpractice Blog
The American Board of Professional Liability Attorneys (ABPLA) is the only organization accredited by the American Bar…
It’s a complex question, but in troubled financial times, legal malpractice law suits become more visible and valuable. Receivers, Trustees in Bankruptcy, and other fiduciary appointees all eye and measure pockets in an ongoing attempt to broaden and increase the fisc.
in COBALT MULTIFAMILY INVESTORS I, LLC, , -against- MARK A. SHAPIRO, UNITED STATES…
The rules concerning fee-sharing, and the precision of detail which must be given to a client. have changed. Now, one must be precise in the percentages between attorneys, lest a violation of the rule lead to the Court denying attorney fees at a later stage of the proceedings.
Judiciary Law 487 may be the oldest statute in the English-American Law world. It dates from 1275, just years after the Magna Carta, Once in a while we see a reference to Marbury v. Madison, 5 US (1 Cranch) 137 (1803) and think that perhaps this a law student or a new lawyer flexing some…
