This is a sordid story of a professor who was barred from teaching at a university. He was accused of making rather coarse sexual comments to students, many of them. While litigating over his potential dismissal, a letter was sent to one witness with a photocopy of the definition of perjury and a suggestion of
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Wisconsin legal malpractice insurers have published a breakdown of legal malpractice claims. Here, reported by Bonnie Shucha in the University of Wisconsin blog, are the most commonly sued for mistakes:
Calendaring – 23%
Failure to know or properly apply law – 14%
Planning error in choice of procedures – 13%
Inadequate discovery & investigation –
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There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
Legal Malpractice cases are dismissed upon a motions on the pleadings. It happens not infrequently. It seems that legal malpractice actions are more scrupulously examined for the "but for" portion of the matter than might occur in other aras of the law.
Here is a case in which not only was the case dismissed at…
GABRIEL D’JAMOOS, , v. MICHAEL GRIFFITH, No. 08-3668-cvUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 17868;August 12, 2009, discusses termination for cause and the proofs needed:
"Under New York law, an attorney may be dismissed by a client at any time with or without cause." Garcia v. Teitler, 443 F.3d…
A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is…
One answer to this question is found in Carl v, Cohen, NY Slip Op 31747(u), a decision by Justice Edmead. Here defendants Joel Cohen and Greenberg Traurig, LLP reached a "so ordered" stipulation concerning depositions of subsequent attorneys, against whom, presumably, defendants would either like to bring a third-party action, or to say that these…
In Fielding v Kupferman ;2009 NY Slip Op 06151 ;Decided on August 11, 2009 ;Appellate Division, First Department we see a reversal of a dismissal in Supreme Court. The facts are uncomplicated. Wife sues for divorce and husband hires target attorney. A settlement is reached, and the couples funds are accurately set forth in…
From Gina Passarella at the Legal Intelligencer today: Blank Rome settles a huge legal malpractice law suit brought by a bankrutpcy trustee.
"Blank Rome has entered into a $20 million agreement with the trustee of a former client that is now in bankruptcy to settle a complaint that alleged breach of fiduciary duty, professional malpractice…
What are the elements of Professional Malpractice?
Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a "deviation from good and accepted legal practice, where the client has been proximately…
