Client retains attorney, and reaches settlement of an underlying workers’ compensation case. He later sues attorney for legal malpractice. May he?
The short answer is yes, a client may sue his attorney after a settlement, if "’if it is alleged that [the] settlement . . . was effectively compelled by the mistakes of counsel’" (Tortura…
Judgment calls are exempt from legal malpractice consideration. Put another way, an attorney may not be held for legal malpractice on the basis of a reasonable trial strategy even when unsuccessful. But, what is a trial strategy and what is a departure from good standards? Often the difference is in the eye of the beholder…
Plaintiff starts a legal malpractice law suit, and then settles it for $ 40,000. Later, he turns around and seeks to set aside a stipulation of discontinuance, general release, and hold-harmless agreement in the case. In Rosin v Weinberg 2013 NY Slip Op 03981 Decided on June 5, 2013
Appellate Division, Second Department plaintiff is…
Sadly for plaintiff, her case is now fully dismissed. It was earlier dismissed against her attorney.
She alleges in Strujan v Head 2013 NY Slip Op 31154(U) May 24, 2013 Supreme Court, New York County Docket Number: 800029/2012 Judge: Eileen A. Rakower that her case arose from : "an incident in September 1997…
The First Department delved into a legal malpractice case with several unusual affirmative defenses. In Whitney Group, LLC v Hunt-Scanlon Corp. 2013 NY Slip Op 03929 Decided on May 30, 2013 Appellate Division, First Department we see affirmative defenses of "in pari delicto", comparative fault and a question of whether there must be joint…
We’re not exactly sure what type of fraud took place here. It seems to be centered around a merger and a voting agreement that injured the Learning Annex in Learning Annex, L.P. v Blank Rome LLP 2013 NY Slip Op 03921 Decided on May 30, 2013 Appellate Division, First Department
Blank Rome seems to have…
The right to sue ones lawyer can end after a period of time, called the statute of limitations. The statute does not start to run until there has been a "mistake" by the attorney, but that time can be tolled by the continuous representation doctrine. When the attorney-client relationship ends is the subject of endless…
Sometimes, side issues in a legal malpractice seem to predominate, and even lead to appellate proceedings. One might think that a frank discussion of whether or not the attorney departed from good practice would be in everyone’s interest, but in Corrieri v Schwartz & Fang, P.C. 2013 NY Slip Op 03797 Decided…
Plaintiff hired attorneys to help transfer the rights and title to a movie being produced. From there, all went wrong, and at this time, plaintiff may not even own the film anymore. How did this happen, and why was the legal malpractice case lost? In Candela Entertainment, Inc. v Davis & Gilbert, LLP 2013…
Plaintiff seems to be ascendant at this point in the case, but proof of a 19 year old trip and fall may be difficult in the extreme. A trial will ensue, after plaintiff’s rare successful motion for partial summary judgment was granted in Cox v. McKernan.
In today’s New York Law Journal Christine Simmons…
