In the law, "attorney’s fees are awarded…" carry awesome power.  Traditionally, the American rule is that each side bears its own attorney fees unless there is an agreement or a statute which grants attorney fees to the prevailing party.  Attorney fees are awarded in L & T litigation, based upon the usual rental lease; in discrimination cases by…

Anecdotally, we see major economic changes in the US.  It changed the course of the Presidential elections, and it has changed the climate in legal malpractice.  Viewed through the lens of daily layoffs of attorneys, daily firing of staff, and realignments of law firms, this story from the American Bar Association underlines the trend.

"Attorney…

This intriguing story from New Jersey has several unique aspects to it.  The first is an idea alien to New York litigation and legal malpractice. This attorney was still in practice, and still representing buyers and sellers of the same residential property in the same neighborhood twenty years after the first transaction.  More unique is that…

The National Law Journal reports that an Appellate Court has reversed and remanded a $30 million legal malpractice case against the law firm Seyfarth Shaw based upon issues of jury instructions. "Blanks  filed a legal malpractice lawsuit against Seyfarth Shaw and Lancaster, alleging that the attorney’s failure to file the action on time before the labor…

From the National Law Journal:

Legal Malpractice Cases May Surge as Economy Tanks

New York Lawyer
February 23, 2009
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By Karen Sloan
The National Law Journal

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With the economy tanking, experts say the stage is set for a surge in legal malpractice…

In Barber v. Siller Wilk we seen an interesting anomaly of legal malpractice, which is the recurring lawsuit against the target attorney, which is lost, and then against the attorney who sued the target attorney, then…. reminiscent of the reducio ad adsurdum metaphysical argument one learns in philosophy.  In this case, plaintiff successfully sued…

The Labor Law and its connection with union contracts, employment at will and whistle blower statutes is complicated.  Clients are well advised to go to an attorney who concentrates in this area.  Here is a case in which plaintiff’s case went awry, and ended in legal malpractice.

Hayes v Bello   2009 NY Slip Op 29065   Decided…

An attorney is free to utilize a reasonable trial strategy for its client without a risk of legal malpractice.  So goes the "judgment" principal in legal malpractice.  What constitutes a reasonable trial strategy?

As an example, Noone v Stieglitz ;2009 NY Slip Op 01093 ;Decided on February 10, 2009 ; Appellate Division, Second Department …