Questions of attorney billing, expenses and disbursements often surface in the guise of a legal malpractice defense. Did the attorneys over bill ? Did they over-charge for expenses? May a law firm use Lexis or WestLaw as a profit center? For example, if the law firm is paying a flat fee for legal research, may
Legal Malpractice News
Huge Akin Gump Legal Malpractice Verdict
This case has been widely reported, and we covered it a month ago, too. Here, from the Blog of Legal Times we read about the $ 72 million legal malpractice verdict based upon patent law.
"Yesterday, a federal jury in San Antonio slapped Akin Gump Strauss Hauer & Feld with a $72.6 million judgment for…
Failure to Appeal and Judiciary Law 487 in Legal Malpractice
Two of the hardest causes of action to prove and prevail upon in legal malpractice are the "failure to appeal" claim and one under Judiciary Law 487. Failure to appeal claims are difficult because one must not only prove that the attorneys could have and failed to file an appeal, but one must also prove…
Out of State Attorneys and Legal Malpractice
Originally dismissed in Supreme Court, this case was re-instated by the Appellate Division, First Department last week. Mortenson v Shea ;2009 NY Slip Op 03611 ;Decided on May 5, 2009
Appellate Division, First Department is a situation in which a New Jersey law firm was retained to sue a New York law firm for…
Did Plaintiff Settle her Way into a Legal Malpractice Case?
This case took several readings to try and sort out the story. Plaintiff in this legal malpractice case, Citrin v Baratta & Goldstein ;2009 NY Slip Op 03597 ;Decided on May 5, 2009 ;Appellate Division, First Department was a defendant in the underlying action. There, "Following a five-day jury trial in a prior action alleging…
Intermittent and Continuous Representation in Legal Malpractice
In Byron Chem. Co., Inc. v. Groman; 2009 NY Slip Op 03465 ; Decided on April 28, 2009 ; Appellate Division, Second Department plaintiff employer sued its attorneys for an employee benefit provision which was drafted by attorney firm 1, which was then taken over by attorney firm 2. At issue was whether the…
A World Apart in Legal Malpractice
From time to time we forget that Louisiana is a completely different environment. Its laws are different, its emphasis is different, and even its terms are wholly different. Here is an article from Hinshaw & Culbertson on the case of McGuire v. Mosley Rogers Title Co., L.L.C., 997 So.2d 23 (La. App. 2008) in which plaintiffs…
Pro-Se Legal Malpractice Litigation
Attorneys gnash their teeth when litigating against pro-se parties. The thought is that the pro-se gets an advantage; they are not held to tight deadlines, are not the subject of rule-specific dismissal, nor are they required to hew to the line of traditional court procedure.
As an example, this pro-se plaintiff in Kleinser v …
Real Retention, Privity and Legal Malpractice
The informal way some people go about hiring an attorney is well documented in a new case decided by Justice Ling-Cohan in Camone v. Levy, 2009 Slip Op 30843(U). Here plaintiff trustee is of a generation skipping trust, and attorney is shown materials in order for him to tell plaintiff whether a federal estate tax return…
Nominal Damages in a $55 Million Dollar Legal Malpractice Case
Here, in an article from NY Lawyer is the shocking outcome of a huge London legal malpractice case. Linklatters, on trial for $ 55 Million ends up paying $ 5 [actually 5 pounds] as a nominal verdict. Queery: no motion for summary judgment? In NY courts, we see such outcomes in pre-answer motions and in motions for…