The principal of "continued representation" in Legal Malpractice is that the statute of limitations does not start to run upon the making of a mistake, while the attorney continues to represent the client. "The statue of limitations sounding in legal malpractice is tolled until the completion of the attorney’s ongoing representation concerning the matter out of
Legal Malpractice News
Legal Malpractice Case against your Public Defender
The poor deserve an adequate criminal defense as much as anyone else. While everyone gets an attorney when arrested, even if they cannot afford one, publicly funded legal Aid or 18b attorneys don’t always get sufficient funding to handle large caseloads/ Who suffers?
Here is a case from Seattle in which an innocent man sat…
Blame the Judge in Legal Malpractice
Judges handle hundreds of cases a year, many more during a career. what happens when a judge is removed from the bench for criminal acts? Can the cases presided over by this particular judge unravel?
In this Pennsylvania legal malpractice case, the judge recused himself during trial when an attorney accused him of showing…
Attorney Fees in Legal Malpractice Litigation?
May the defendant attorney collect attorney fees for the successful defense of a legal malpractice case? One would immediately think not. The "American Rule" is that each side pays for its own attorneys, and the blackletter rule in NY is that absent an agreement or a statute, attorney fees are not collectible.
Here is a case, Lok…
Try, Try, Try Again in Legal Malpractice
ROBERTO BERAS, Plaintiff-Appellant, -v.- STEPHANIE M. CARVLIN, ROBERT C. GOTTLIEB, MARK STEIN, THE FIRM FRIED, FRANK, HARRIS, SHRIVER, AND JACOBSON, CHARLES A. ROSS, THE FIRM OF BRAFMAN & ROSS, Defendants-Appellees.;No. 07-2514-cv;UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2008 U.S. App. LEXIS 19805
is a prime example of pro-se litigation in legal malpractice. It…
When is a Legal Fee not Really a Legal Fee
Collateral Estoppel and Legal Malpractice have an interesting intertwining existence. Put briefly, once an attorney is awarded a legal fee [by a court, an arbitrator, or a judicial hearing officer] a subsequent legal malpractice case fails on the basis that a court has already implicitly determined that there can be no legal malpractice, because no…
Divorce, Legal Malpractice and Proofs
Here is a pdf version of the Oxman v Herman Sloan Robarge & Sullivan, LLP case, which is a not unusual matrimonial legal malpractice case, As in many of these cases, plaintiff-wife believes that her attorney has insufficiently investigated the assets of her husband, to the extent that she has been significantly short-changed in…
Like Russian Dolls, A Case Within A Case, Within…
Legal malpractice is a world within itself. Beyond the obvious small universe of defendants, all attorneys of course, and the unique rules, the serious questions are almost always how the underlying case was lost, and could it have been won. While much litigation today centers on meta data and electronic discovery, most of legal malpractice…
“9 to 5” and Legal Malpractice
Legal Malpractice in Hollywood should come as no surprise. We’ve commented on the widespread omnipresence of legal malpractice litigation, but had no idea we would be quoting Variety on the subject. Here is their report on legal malpractice and the "9 to 5" screen, stage and trust saga as well as the cult classic Harold …
Harbinger of Legal Malpractice Cases to Come?
As the economy has sunk, it is expected that legal malpractice cases will increase. One reason is that cases previously thought to be unworthy will garner new luster; another is that in commercial circumstances there will be opportunities for cases. Here is one example which did not work out for plaintiff. As more sub-prime lending…