As the Appellate Division plows through the "what would have been the outcome" analysis of Ruotolo v Mussman & Northey    2013 NY Slip Op 02678   Decided on April 18, 2013
Appellate Division, First Department , we see the in depth factual and hypothetical work that’s done in a legal malpractice case.  Here, a former…

Frequently, clients discern mistakes make in their cases, and wish to start a legal malpractice case.  Unfortunately, departure from good practice is but one of the four elements of legal malpractice.  The merit of most legal malpractice cases is determined by analysis of the middle two points.  Was the mistake a proximate cause of damage…

Is it that Plaintiff could not articulate a reason why Defendant made a mistake that caused him damage?  Is it that the Appellate Division just didn’t like the case and agreed that it should be dismissed?  Did the attorneys make a subjectively and objectively reasonable choice of strategy that just didn’t work?  We’ll never know. …

A basic rule of legal malpractice is that an attorney may not be granted a fee by a court or tribunal if there is legal malpractice present.  Since an attorney may not obtain a fee if there has been legal malpractice, it follows, ipso facto, that if a court or a tribunal grants a…

In this subrogation case, an insurance company has successfully pleaded fraud and legal malpractice.  The insurance company plaintiff proceeded in the subrogation and alleged that legal malpractice was committed in failing to pursue a default judgment.  They claimed fraud when the law firm billed for making a motion for a default judgment when it did…

If one reads enough legal malpractice cases, there are interesting overlaps.  One such overlap, with surprising results came up today.  in Angeles v Aronsky   2013 NY Slip Op 02454   Decided on April 11, 2013   Appellate Division, First Department  we see the following: "For a claim for legal malpractice to be successful, "a plaintiff must…

Representation of clients may be limited or general.  An attorney-client relationship is considered to be general unless it is specifically limited by a retainer agreement.  That retainer agreement had best be very specific, and it should set the limits quite clearly.  If it does not, then the attorney can be held responsible for all acts…

Hearing that your legal malpractice case is "unavailing" is terrifying.  Nevertheless, this case was dismissed, appealed, reversed, remanded, and immediately dismissed again, this time on summary judgment.  Garnett v Fox, Horan & Camerini, LLP  2013 NY Slip Op 30703(U)  April 5, 2013  Sup Ct, New York County  Docket Number: 114079/2008  Judge: Cynthia S. Kern…