This article is about medical malpractice, but it applies to legal malpractice. Examples? When is a tax legal malpratice case complete? is it on the day of the mistake, on the day of the filing, on the last date which a return may be filed, or when the IRS determines there was a mistake?
"Duty,
…
Electronic Discovery is with us, has been regulated, and there are now standards for its use in litigation. Attorneys for clients now have to advise on how to store, produce, resist demands, and comply with the appropriate rules.
Whenever there is general agreement upon a standard of practice, the question of deviation from that standard
…
Plaintiff has a right to sue target attorney, and then, for strategic reasons, agrees to put the case aside for the time being. Plaintiff and target attorney reach a stand-still agreement, but the question of tolling or abatement of the statute of limitations remains. How is the statute of limitations calculated in this situation?
In …
Defendant hired plaintiff to represent him in a Federal Court law suit over NYC placard holders parking on sidewalks and curbs in front of his commercial establishments, depriving defendant of use of his properties. He retained plaintiff who started the Federal law suit, and was attorney until a settlement conference. Defendant’s story is that he…
In MICHAEL S. JOHNSON, DONNA DYMKOWSKI, PATRICIA LONG-CORREA, , –against- NEXTEL COMMUNICATIONS, INC., LEEDS, MORELLI & BROWN, P.C., , which ws reviewed on Friday we see more of a clutch of definitions which are quite useful:
Breach of Contract: To state a claim of breach of contract, the plaintiff must establish 1) the…
This case presents a most unusual fee arrangement and litigation strategy in which the attorneys took on a large number of discrimination cases against a single employer, fashioned a reverse payment strategy for themselves and then settled a large number of discrimination cases through arbitration and other ADR means. Was this malpractice?
In MICHAEL S. …
In this highly complicated case, COBALT MULTIFAMILY INVESTORS I, LLC, , -against- MARK A. SHAPIRO, et al., Defendants.;06 Civ. 6468 (KMW) (MHD);UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U.S. Dist. LEXIS 60481 we see what may turn out to be a blueprint for a legal malpractice niche. In this case…
In ST. PAUL FIRE & MARINE INSURANCE COMPANY, v.SLEDJESKI & TIERNEY, PLLC,; No 08-CV-5184 (JFB) (ETB); UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK; 2009 U.S. Dist. LEXIS 61393; July 17, 2009, Decided we see an excellent discussion of the standard for a 12(b)(6) motion in this post-Iqbal world, as well…
Fraud is often alleged in legal malpractice cases, for one of several reasons. One common reason is for a longer statute of limitations, 6 years rather than 3. For as long as there has been a different statute of limitations in fraud and tort, this tension has existed. After the NY legislature enacted CPLR 214(6)…
When does the statute of limitations start to run in legal malpractice? Is it on the day that former attorneys are "substituted out" or perhaps on the day that successor counsel sign a retainer agreement? One answer is found in Fur Online v. Rivkin Radler, LLP, Supreme Court, New York County, Index No. 113292/08. …
