This case illustrates the difference between legal malpractice and all other litigation, the "case within a case." Defendant attorneys admitted that they allowed a case to go into default, yet were successful in avoiding liability. Their defense? Even if we made the mistake, plaintiff could not have won the case after all.
From NY Lawyer comes…
For an attorney, being sued is a traumatic event. Ones advice and acts are being criticized, and a former client is claiming injury as a result of your professional work. Not a good feeling. What could be worse? How about being arrested for giving advice to a client?
In this case, Vinluan v. Doyle…
We’ve noted in the past that many legal malpractice cases arise when attorneys work outside of their zone of experience. As an example, there are unique rules for medical malpractice which do not exist elsewhere. A certificate of merit is required to be filed with the complaint, and the failure to file it can have…
This case Tavarez v Hill ;2009 NY Slip Op 29002 ;Decided on January 5, 2009 ;Supreme Court, Bronx County ;Victor, J. recently partially decided covers two areas. The first area is disqualification of counsel because of multiple representation of four car accident victims, all in one car. "Should the court, sua sponte, stay the…
Here is a fascinating case from the Fourth Department. Lawfirm refuses to pay expert for his trial testimony [what has happened to the demand that a certified check be handed over prior to taking the stand?] and expert sues for his fee. Law firm turns around and sues for loss of case based upon expert’s…
This case discusses three important concepts in legal malpractice. Standing, immunity and proximate cause. Cangro v. Solimon 2008 Slip Op. 33345. holds that under Rule 1(h) of Part 36 of the Rules of the Chief Judge, a guardian ad litem’s attorney requires judicial appointment, and is immune from suit, absent permission from the court. The same is…
There is a traditional cadence to the start of a legal malpractice case. First comes a dispute, retention of an attorney, initial success, then a downturn into failure followed by a legal malpractice case. With the real estate market very troubled, and foreclosures on the rise, a prediction of legal malpractice/foreclosure actions is warranted. Here…
As yet another example of why legal malpractice is a difficult discipline, here is a case in which there was a failure to file a counterclaim, The legal malpractice case ends in dismissal, because the Appellate Division determines that the counterclaim, even if made would have failed. Ginther v Rosenhoch ;2008 NY Slip Op…
The matter of Chen v. Mt. Sinai was handled by attorney Steven F. Goldman, and settled just after depositions for $ 2.4 million. Mt. Sinai was represented by Martin Clearwater & Bell, a premiere NY med-mal defense firm. One would think that was good news for Mr. Goldman. However, he ends up, after a Second Circuit…
Law.Com reports [as does the BLT Blog] that a legal malpractice case by Blackwater Security Consulting has been dismissed, now for the second time against Wiley Rein. The legal malpractice case arises from the horrible death of Blackwater employees in Falugia, Iraq.
The fact of deaths in Iraq ending in US litigation brings to mind a…
