In Pu v. Mitsopoulos, Supreme Court, New York County recalls what every CLE program tells its audience:  Fee suits invite legal malpractice counterclaims.  Invariably, the suing attorney says that the counterclaim has no merit, and that it is sour grapes, and motivated solely by a deadbeat who refuses to pay wholly justified legal fees…

In Acosta v. Falick & RochmanPLATZER, FALLICK & STERNHEIM, LLP, 05 Civ. 8254 (KTD)UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2009 U.S. Dist. LEXIS 70878 we see a case brought pro-se and "in forma pauperis against his former lawyer, Barry M. Fallick, and his former lawyer’s firm, Rochman, Platzer, Fallick &…

X is sued by defendants.  He loses at trial using target attorneys.  He hires new attorneys, mediates, settles, and assigns his rights to a legal malpractice action against his former [target] attorneys to plaintiff, who now sues target attorneys in the place of X.  Is there still any confidentiality to the mediation asks the target…

We reported on this case back on5/14/07 and again on 9/19/08.  Today, the NYLJ reports that the Morelli law firm’s attempt to garner disbursements from plaintiff has failed.

From the decision of Justice Goodman:  "The following illustrates why members of the public may hold cynical views about the legal profession. This motion…

Hinshaw reports an interesting South Carolina case in which plaintiff is estopped from a legal malpractice case against his attorney, on the basis that he is a wrongdoer, and one in in pari delicto may not recover civil liability.

From the Hinshaw alert:  "Plaintiff William Whiteheart sued his former law firm, Waller & Stewart…

Much of the law-related news is about multi-national law firms.  Leaving them aside there is a serious question over whether our regular old national law firms can be sued in US District Court under diversity jurisdiction. 

Let’s review the basics, as set forth in Lee v. Brown, 3:08-CV-01206 (CSH);  UNITED STATES DISTRICT COURT FOR…

Sheri Qualters at The National Law Journal reports that Mintz, Levin and its attorney Steven Rosenthal  have been sued for "allegedly misusing his position to enrich himself and a friend."  Rosenthal, formerly an attorney there, has moved on to real estate investment and development at Northland Investment Corp.

The suit revolves around a claim that…

Legal malpractice is a filed associated with situations in which a person has lost their case.  In real legal malpractice, but for the mistake of the attorney, there would have been a positive outcome.  In a small subset of cases, however, there really is no merit to the action at all.  Defense counsel in legal…