Hand in hand with legal malpractice cases are attorney fee cases.  We’ve commented that attorney fee disputes are of  biblical proportion, and have existed as long.  Today’s New York Law Journal reports that "DLA Piper Emails Reveal Firm Overbilled, Former Client Says"

In an article written by Christine Simmons, she reports that internal e-mails…

It’s rare that the Appellate Division looks back and says that its own decisions were "simply wrong."  Here, in Goodwin v Pretorius  2013 NY Slip Op 01931   March 22, 2013  Appellate Division, Fourth Department   Scudder, P.J., the Court does it twice.
 

"First, as defendants correctly conceded at oral argument of this appeal, General Municipal…

Plaintiff sues for negligence in the preparation, filing and work on a trade dress application, and is then sued for fees.  Settlement of the fee dispute ensued.  Was this settlement of all claims?  Of interest is the AD’s comment in Pure Power Boot Camp, Inc. v Fross Zelnick Lehrman & Zissu, P.C.   2013 NY…

This must have been a highly contentious legal malpractice  case, with the Court showing its displeasure to both attorneys.  A sanction of $10,000 on defendant pro-se attorney is unusual; a sanction on both sides even more so

Selletti v Liotti    2013 NY Slip Op 01816   Decided on March 20, 2013   Appellate Division, Second…

Nichols v Curtis  2013 NY Slip Op 01776  Decided on March 19, 2013  Appellate Division, First Department  is the story of how a legal malpractice case went awry and then how the legal malpractice case against the legal malpractice defendants went awry.  Curtis & Associates, and an earlier Curtis & Riess-Curtis PC were early adopters in…

Gardner v Leitgeb & Vitelli, LLP ;2012 NY Slip Op 50282(U) ;Decided on February 17, 2012 ;Supreme Court, Suffolk County ;Emerson, J. presents an interesting story of parents v. children, with professionals in the middle. More interesting, fraud, associations with organized crime, and a pizza location are all added in the mix of ingredients.
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A non-party deponent, served with a subpoena, arrives for a deposition.  That non-party  wisely brings an attorney.  What may the attorney do at the deposition?  It depends where the case is taking place.  In the 4th Department (22 Counties, roughly half the state?) the attorney will be permitted no objections and may not speak.  Sciara …

It as common as rain.  Law firms hire clerical or service organizations to do things for the law firm.  File papers, serve parties, perfect a security lien and file the UCC-1.  What happens to the law firm, and the client, when things go wrong.  Here, in Gutarts v Fox  2013 NY Slip Op 01492  Decided…