Law.Com reprints an interesting article from the Texas Lawyer on the relationship between the economy and legal malpractice litigation.  One theory is that plaintiffs are more in need of recovery, and will either bring more legal malpractice law suits, or are willing to sue over smaller sums.  A second theory is that the economic downturn…

We do not have firm statistics in this area, but from a general overview of litigation it seems to us that a higher percentage of legal malpractice cases are subject to motions to dismiss under CPLR 3211(a)(1) than are other types of cases.  We have thought about why this might be.  A benign explanation is…

In the high flown world of patent infringement, large legal fees are the norm.  Here, from law.Com we see the story of $ 10 million in legal fees, all spent in a fruitless effort to enforce a patent infringement case against Palm.  In the end, plaintiff paid its attorney $ 7 million plus in fees…

We reported on this case last week; it’s an example of big law legal malpractice.  The general view of legal malpractice limits its reach to small cases involving personal injury and blown statutes of limitation.  However, cases such as this one are huge.

From Law.Com and the Blog of Legal Times: "A team of…

The principal that attorneys may not be held in legal malpractice over questions of judgment, strategies at trial and the like is given especial prominence in this case.  Client is found liable for $ 7 Million in patent infringement and $20 million in punitives, for "especially reprehensible " behavior.  On appeal, attorneys succeed in reducing…

It’s the rare case in which attorney and judge are both defendants, and the rarer case still in which allegations of stalking, habeas corpus, child custody, contempt are joined with legal malpractice.  What makes this case even more unique is that it is set in Federal District Court.  This is a legal malpractice trifecta. Legal…

Legal Malpractice actions often start with the termination of the target attorney, and even more of them have the common aspect of take-overs by successor attorneys.  What happens to the file, how does it get transferred and who pays for the transfer?

This weeks decision in Moore v. Ackerman, Supreme Court, Kings County is…

We’ve written in the past on the collateral estoppel trap in legal malpractice.  While fee arbitrations in State Court proceedings probably have the greatest absolute number of applications, bankruptcy court fee awards may well cover a greater dollar figure.  Here, in In re D. A. ELIA CONSTRUCTION CORP., Debtor.  07-CV-754,08-CV-103  UNITED STATES DISTRICT COURT FOR THE…