Attorney retainer agreements often seem to be contracts of adhesion…a term we rarely see post-law school.  Client comes to attorney at many disadvantages.  Client is in trouble, is coming to a "wise man" seeking help, knows that client needs to pay, and is subject to a serious disparity between their bargaining positions.  Nevertheless, the vast…

In Dombrowski v Bulson   2012 NY Slip Op 04203 [19 NY3d 347]   May 31, 2012   Lippman, Ch. J.
Court of Appeals decided that incarceration – loss of liberty was not an economic damage, and was "non-pecuniary."  It wrote: "We see no compelling reason to depart from the established rule limiting recovery [*4]in legal malpractice actions…

Client settles case and then turn around and sues attorney who settled the case for client, or worse (for the attorney) client settles case on his own, and then sues attorney who was already off the case. Can a client sue for legal malpractice after settling the case? The answer is yes, if the settlement…

Here is the tension:  in order to toll the statute of limitations one must commence an action.  Sometimes there is not enough time to prepare a competent complaint and file it,.  The solution is a summons with notice.  The notice requirement is what separates a good summons (which may lead to a default judgment) from…

A crane topples at East 51st Street, and wrecks the development of a big building.  In the fallout, three legal malpractice law suits ensue, with many big-name attorneys suing or being sued.  How do the cases all fit together for trial?

Arbor Realty Funding, LLC v Herrick, Feinstein LLP  2013 NY Slip Op 51210(U)   Decided…

What happens when two deserving parties vie over the same zero-sum pot of money?  In this case it is a hard-working attorney with a charging lien and the children in a child-support proceeding upstate.  In Piccarreto v Mura   2013 NY Slip Op 23241   Decided on July 3, 2013   Supreme Court, Monroe County, Judge Dollinger writes a…

Up until now, we had always thought the question was answered and no was no longer in doubt.  One need not exhaust all appeals before starting a legal malpractice case.  In Grace v Law  
2013 NY Slip Op 05383  Released on July 19, 2013 Appellate Division, Fourth Department  we were surprised to see the…

Sometimes, Supreme Court of the State of New York acts like an appellate court in legal malpractice cases.  In Pasquale v Heppt 2013 NY Slip Op 31560(U) July 15, 2013
Supreme Court, New York County Docket Number: 112890/2011 Judge: Doris Ling-Cohan we see one such example.  Note that plaintiff argues that a decision of…