"An attorney who defends himself has a fool for a client" appears to date from 1809 in the Philadelphia the Port Folio.  Nothing has changed over the past 200 years.  In Guerrera v Zysk
2012 NY Slip Op 06578   Decided on October 3, 2012   Appellate Division, Second Department  we see an example.  Defendant attorney appears pro-se. …

How many fathers go to jail for non-payment of child support?  We have no firm number, but guess it is less than 10 a year in New York State.  Here is the story of one who was.   Joel Amaker was in arrears on his child support, and hired defendant Howard D. Lee to represent him. …

Experts (we might as well call then wizards) are an essential part of litigation, and in legal malpractice litigation they are everywhere.  What are the rules, what are the uses, and when are they essential?  In answer to these questions, we’re excited to share an Outside Counsel column from today’s New York Law Journal, entitled…

Cases in Landlord-Tenant court often have sad back-stories, and even sadder endings. InAlves v 152-154 W. 131st St. Holding Co., Inc. ;2011 NY Slip Op 32328(U) ;August 25, 2011
Supreme Court, New York ounty ;Docket Number: 116783/10 ;Judge: Donna M. Mills we see only the begining of a tale so complex, that it does…

We’ve asked in the past whether there is an institutional bias against legal malpractice cases.  Self-regulation of industries ( the LIBOR, for example) often lacks any rigor.  The legal world also, in a way, self regulates.  It is after all, rules for attorneys, written by attorneys, administered and judged by attorneys.  In Wiener v Epstein  …

Legal Malpractice cases arise everywhere, and in so many circumstances,  In Manus v Flamm , 2011 NY Slip Op 31691(U); Supreme Court, New York County; Docket Number: 110026/2007; Judge: Debra A. James tells an interesting story of divorce, legal malpractice and itinerant jewelery. Plaintiff is the divorced wife, who is owed $ 1 million in the…

In an otherwise garden or varietal attorney fee dispute with a legal malpractice defense, we ran across the "French Person" defense to attorney fees for the first time. Justice Gische, in Singer v Adler ;  2010 NY Slip Op 33439(U);  Sup Ct, NY County gave it short shrift.

"This action is based upon claims for…

Client retains Attorney 1 who is said to commit legal malpractice, and then retains Attorney 2 to try to help fix the problem, and later, to sue Attorney 1.  What communications between client and Attorney 2 are privileged.  in Roberts v Corwin   2012 NY Slip Op 32403(U)   September 10, 2012
Supreme Court, New York County  …