In New York one must show "actual innocence" in a legal malpractice case arising from criminal defense by the target attorney. This standard is very difficult to demonstrate, and generally requires either an acquittal or reversal. Here is a slightly different take from Connecticut, via the Legal Profession Blog.
"The lawyer had been retained to defend…
Plaintiff unsuccessfully defended a CPLR 3211 motion brought by attorney group number 1 in a legal malpractice case. Plaintiff was represented by group 1 and then mid-stream terminated them and moved to attorney group 2, who successfully settled the case. In KWANGJIN SONG, PLAINTIFF-APPELLANT, v WOODS OVIATT GILMAN LLP AND ROBERT S. ATTARDO, DEFENDANTS-RESPONDENTS. 2008 NY…
The short answer is, Yes… Here is a more fully reasoned opinion from the Third Department in Thompson v. Seligman, 2008 NY Slip Op 06496 [53 AD3d 1019] ;July 31, 2008 ;Appellate Division, Third Department :
"Plaintiff commenced this legal malpractice action against defendants on the ground that they failed to timely advise her…
The question of estate legal malpractice is fraught with standing problems. For example, if attorney drafts a will which is the product of undue influence, or demonstrably runs contra to the decedent’s desires, who has the capacity to sue?
In Texas the rule seems more relaxed than in NY. From the Jefferson Court Blog we…
In this case, Silva v. Worby recently decided, the Appellate Division reversed a dismissal under summary judgment over the potential settlement of a case. The lost opportunity to settle a case is not often discussed, but in this short decision the principal is crystal clear.
"The conflicting deposition testimony and affidavits submitted by the…
Documents filed in matrimonial actions remain confidential. Anyone may look at court files, but not matrimonial court files.Domestic Relations Law § 235(1) . But what happens when a divorced plaintiff sues for legal malpractice based upon the divorce? Confidentiality gives way to disclosure..
Kodsi v Gee ,2008 NY Slip Op 06938 ,Decided on September…
The New York Law Journal reported a bizare instance of attorney misconduct in which plaintiff’s trial attorney acted so badly that the case was dismissed, the attorney charged with criminal contempt. tried and convicted. She now faces probation and suspension. But, what of the plaintiff and his case? A good guess? Plaintiff loses all…
Arbitration in attorney legal fee disputes are governed by 22 NYCRR 1200 and the following statutes. There is a complex statutory scheme, including specific forms, fee dispute committees, hearing schedules, and a body of law which accompanies the fee dispute proceedings.
A recent case, illustrates one quirk of the system. Morelli & Gold v. Altman permitted…
Here is a different kind of Streisand Effect, this time in a post-legal malpractice setting. Leigh Jones at Law Com reports on a two firm battle. Plaintiff’s firm Bland and Richter successfully sued Nexsen Pruet Adams & Kleemeier for legal malpractice and settled the case. As part of that prosecution, defendant law firm had…
A familiar legal malpractice scenario arises when a law firm takes a medical malpractice case, or takes it "subject to investigation", then rejects the case just short of the med mal statute of limitations. Plaintiff is left in a quandary. Find a new med mal attorney? Demand the first attorney do something to preserve the…
