Legal Malpractice litigation succeed es earlier litigation, by its very definition, and all know that "but for" refers to the first case.  An unfortunate corollary to this definitional fact is that clients and some attorneys turn to legal malpractice litigation as a default mode of trying to rectify all wrongs, whether caused by the attorney…

There are certain stays of the statute of limitations, universally.  Here, in this legal malpractice case plaintiff offered the testimony of a psychologist, probably to prove that plaintiff was unable to commence an action, or protected from the running of the statute of limitations.  It did not work here.Nickel v.  Goldsmith & Tortora, Attorneys …

We ran acrossthis story today.  Prior restraint of a blog, a legal malpractice case, and a question of who is actually posting the blog.

"Mystery Blogger Caught Up in First Amendment Flap
Posted December 3rd, 2008 by Sam Bayard
in Massachusetts Anonymity Legal Threat Prior Restraints
On Monday, the blog-hosting service Blogger took down…

The NYLJ reports a Judiciary Law 487 case today in which the claim survives.  Empire Purveyors, Inc. v. Brief Justice & Kleinman, [subscription necessary] which was written by Justice Solomon in Supreme Court,  New York County, holds that Judiciary Law 487 is applicable in both of its applications.  The first application, deceit in an ongoing legal…

Because legal malpractice is always a "case within a case" it is a two step process.  The very nature of the two step process gives rise to defendant’s ability to brag over winning either of the two legs.  An example is Orick’s statement that they were vindicated, even after it was proven that the attorney violated…

Two huge names in the celebrity Blogosphere, Perez Hilton and Samantha Ronson along with Lindsay Lohan join together with lesser known attorney Martin Garbus to again demonstrate the ubiquitous nature of legal malpractice.  We are betting that most readers will know the facts of this case.  Disputes break out in every sphere, lawyers are called in…

An attorney must carefully and assiduously guard his client’s confidences, secrets and communications with the attorney.  This remains true until the attorney has to defend himself.  Must this defense be to criminal charges, or to ethical charges only?  The answer is set forth in a recently decided case in the First Department.Hélie v McDermott, …

A tip of the blogging hat to Shareholder Oppression Blog which reports this Texas case in which business is looking for investors and plaintiff comes along.  His investment is somewhat complicated, and the company’s attorney suggests some changes. Here is the opinion.  While the attorney was not held in this case, we expect that the…