This recent appellate case McCluskey v Gabor & Gabor,  2009 NY Slip Op 02757 Decided on April 7, 2009 Appellate Division, Second Department illustrates the difference between malpractice at the trial level and at the appellate level. 
 

At the trial level one must prove the usual :"a plaintiff must demonstrate that the attorney failed…

From theLaw Profession Blog we report on this Arizona Disciplinary Case in which the exitence of attorney malpractice insurance was published.  The attorney was disciplined as we see in the order.

"An Arizona hearing officer has recommended the disbarment of an attorney for misconduct in several matters. The lawyer was no stranger to the bar…

Cruise Ship Season comes and goes, and even in poor economic times, the ships carry many people to their vacations.  As in all events human, there will be accidents and injury.  The very nature of cruise ships, their location and the mere fact that they travel on water, complicates the legal horizon.  Nautical law is different…

Nature abhors a vacuum, they told us in high school and the law abhors a wrong without a remedy. One particular area of legal malpractice where this occurs is criminal defense, in which no legal malpractice action might be brought by a convicted defendant, no matter whether the attorney’s mistakes contributed, or caused the conviction.

Another…

"The best defense is a strong offense"…"Tyranny shall not go unopposed!"  which of these two opposing story lines will succeed in a legal fee / legal malpractice case.  Here is one example where the fee side wins out.    Duane Morris LLP v Astor Holdings Inc. ,  2009 NY Slip Op 02544
Decided on April 2…

Taking over a pro-se case can be dangerous, as an attorney in NJ has recently found out.  In this story from Law.com recounts the attorney took over after a pro-se college professor started a employment discrimination law suit:

"A lawyer who prevailed in a Title VII suit three years ago has been engaged since then in an…

Judiciary Law sec. 487 is perhaps our oldest statute, certainly the oldest statute in existence concerning legal malpractice.  Recently the Court of Appeals decided Amalfitano v. Rosenberg.  Now we are seeing a resurgence of interest, and in this particular case a court reconsidering its earlier decision to dismiss a Judiciary Law 487 case based…

The Court of Appeals decided an interesting attorney fee sharing case today, in which the successful attorneys called their referring attorneys "unethical" and then promptly lost the case.  Samuel v Druckman & Sinel, LLP   2009 NY Slip Op 02447   Decided on March 31, 2009
Court of Appeals   Pigott, J. determined the following problem. …