Law.Com reports that:
"A former tech client of Thelen Reid Brown Raysman & Steiner has filed a malpractice complaint against the firm and one of its partners and contends the firm concealed that it was simultaneously working for a key competitor.
Delaware-based IVI Smart Technologies Inc. and two subsidiaries claim that Thelen, led by San…
Walter Olson at Overlawyered brings us this reminder of the evolution of medical malpractice and legal malpractice. They spring from the same nexus, but move on to different outcomes, rules, and principals. Could this be because judges decide the law for doctors and lawyers differently?
"In a key victory for plaintiffs and their lawyers, the…
The Law Profession Blog reports a New Mexico case which intersects with the collateral estoppel question of legal malpractice and attorney fee arbitrations. Is legal malpractice a compulsory counterclaim to an attorney fee suit?
"The New Mexico Supreme Court held that a legal malpractice action need not be brought as a compulsory counterclaim to an…
Here is an exerpt from the Wall Street Journal law blog on two legal malpractice cases, one involving Nixon Peabody and one involving Wilmer Hale.
"Ah, clients. Can’t live with ‘em, can’t live without ‘em.
Judging from a couple stories out today, executives from a couple of law firms might have found themselves muttering the…
Attorneys refer and have cases referred to them all the time. Attorney to attorney referrals are the lifeblood of the law industry, and referral fees are not uncommon. The law of attorney fees is a body unto itself, and legal malpractice involving referred cases is not uncommon. Here is a Third Department Case Whalen v.
Following the trend of bankruptcy trustees, receivers and other persons holding the right to sue for others, comes this Indiana case in which the Indiana Department of Insurance has become the plaintiff in a legal malpractice/bad faith litigation which the law firm settled for $ 50,000 and which now proceeds against the insurer for $ 18,000,000.…
This case from the Appellate Term illustrates the timelyness of a counterclaim. It does not discuss what would have happened if the counterclaim were not timely. Even an untimely counterclaim may continue as an offset to the claim itself, but may not be pursued for a value above that of the claim. Example; Claim =…
Alan Birnbaum, appellant, v James Misiano, et al., respondents. (
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 5638;
Beginning in the late 1990’s, the defendant attorney James Misiano represented the plaintiff, [*2] Alan Birnbaum, with respect to loans Birnbaum made, or was planning to make, to others. In…
Privity is an essential in legal malpractice, and application of this principal can lead to skewed results. As an example, attorney writes negligent will for decedent, which affects beneficiaries and the decedent’s estate. May beneficiaries sue? May estate sue? Sometimes not. Here, divorced wife is affected by the manner in which an attorney drafts a…
Judiciary Law 487 is a statute which defines a misdemeanor and creates a private cause of action, with treble damages,
§487. Misconduct by attorneys.
An attorney or counselor who:
1. Is guilty of any deceit or collusion, or consents to any
deceit or collusion, with intent to deceive the court or any party; or,…
