Legal Malpractice insurance companies have two big exclusions. One is late notice of a claim and the other is acts outside the policy coverage. Late notice is a constant danger to the insured. Carriers take the position that as soon as the attorney knows there has been a mistake he is obligated to tell the…

We believe the legal malpractice case based upon an unsuccessful medical malpractice case is among the most difficult cases of any to litigate.  The practitioner must understand medical malpractice as well as legal malpractice, an in Vitale v Meiselman  2013 NY Slip Op 30910(U)
April 25, 2013  Sup Ct, New York County  Docket Number: 108969/12  Judge:…

Yes, they are, and Soja v Keystone Trozze, LLC   2013 NY Slip Op 03147   Decided on May 2, 2013  Appellate Division, Third Department  is an example of their application.  In this professional malpractice (architects/house designers) plaintiff alleges that they built the house in violation of FEMA / flood elevation principals.
 

"Here, plaintiffs allege…

ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 36382; , is as good a primer in the general and substantive laws of legal malpractice as one might read. There, Judge McMahon…

Standing in legal malpractice cases is determined by the question of privity.  Privity comes in several flavors.  One is whether there is a contract between client and attorney, written, oral, or implied.  If there is a contract, (even if the contract is implied from the factual representation which takes place), then that particular question of…

This case is really a fight amongst insurance companies, but it highlights an interesting source of legal malpractice cases: the referral.  While at first blush it might seem unreasonable for client to hold attorney responsible for merely giving a name to them to speak to, in American Guar. & Liab. Ins. Co. v Chicago Ins. …

Today’s New York Law Journal, in an article by Christine Simmons reports that a legal malpractice case against Willkie Farr & Gallagher has been dismissed. 

"His complaint alleged that Willkie lawyers Marc Abrams and Matthew Feldman made "full-throated warnings" that Lichtenstein risked drastic personal exposure if he did not authorize a bankruptcy filing. Lichtenstein said…

One of the more interesting phenomena is the transition of claims into findings as a case goes to trial.  What were formerly "strong" claims, now are final findings of fact.  In Krausz v Kaufman 2013 NY Slip Op 30803(U) April 9, 2013 Sup Ct, New York County Docket Number: 104174/2008
Judge Debra A. James…