A recurring theme in defense-side publications in the legal malpractice field is the connection between attorney fee collection suits and subsequent legal malpractice counter-claims. For us, its a chicken-egg issue. Is the legal malpractice case a shameless effort to avoid payment, or did the non-payment arise because there was poor performance (read: legal malpractice)?
We…
The decision is somewhat short on facts, but we guess that this case arose froma settled landlord-tenant case in which tenant then died. His estate sued his former attorneys, and the case continues. Frankel v Vernon & Ginsburg, LLP 2012 NY Slip Op 08425 Appellate Division, First Department tells us that the AD often scrutinizes the…
In an otherwise garden or varietal attorney fee dispute with a legal malpractice defense, we ran across the "French Person" defense to attorney fees for the first time. Justice Gische, in Singer v Adler ; 2010 NY Slip Op 33439(U); Sup Ct, NY County gave it short shrift.
"This action is based upon claims…
The undisputed facts in this case are shocking. "The following facts are undisputed. In or about May 2004, plaintiff, which had a lease on the building located at 2944 3d Avenue in the Bronx , retained the law firm of Gold, Rosenblatt & Goldstein to commence a commercial summary nonpayment action against the subtenants of…
Personal injury and legal malpractice cases have many strong bonds. Because a sizable portion of the litigation world is devoted to personal injuries (on both the plaintiff’s and defendant’s side), one correctly expects significant legal malpractice litigation after-wards. How the legal malpractice case proceeds along with or after the PI case is a not well…
Falling into a trap laid by oneself is a pitiful outcome to litigation. Plaintiff hires defendant attorney to represent plaintiff when he is sued. The underlying case seems to be a construction accident matter. Did plaintiff lose the case because defendant failed to make certain arguments, or was defendant prevented from making those arguments by…
The Third Department gives a nice analysis of the law of "account stated" in its decision, Antokol & Coffin v Myers ;2011 NY Slip Op 06051 ;Appellate Division, Third Department .
""’An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of…
Overturning a jury verdict is difficult. Doing so in a legal malpractice case is hard. Doing so, when the facts seem to be against you is even harder. Cinao v Reers 2013 NY Slip Op 05791
Decided on September 11, 2013 Appellate Division, Second Department shows that legal malpractice plaintiffs have to be almost wholly…
We’ve seen $7 Million legal malpractice cases, and $ 700,000 cases, but it is rare to see a Supreme Court case for $ 7,171.00 Nevertheless, plaintiff brought Dash v Davis & Gilbert LLP
2013 NY Slip Op 51469(U) Decided on September 6, 2013 Supreme Court, New York County
Ling-Cohan, only to lose on a CPLR…
When a claim for legal malpractice accrues is a contentious source of motion practice in legal malpractice litigation. Traditionally it is said that malpractice accrues on the date of the mistake, but that it can be tolled because of continuous representation. Continuous representation is said to require an understanding between client and attorney that more…
