One of the more intriguing aspects of the attorney fee and disputes field is the interplay of a strongly put rule to attorneys, and the consequences of ignoring that rule. The rule: "You must have a retainer agreement." What happens when an attorney sues for fees, yet failed to have a retainer agreement as defined…

Mr. San LLC v Zucker & Kwestel LLP   2012 NY Slip Op 32119(U)   August 2, 2012   Sup Ct, Nassau County   Docket Number: 601065/11   Judge: Stephen A. Bucaria is an interesting example of the "whose lawyer is it" question that frequently arises in the formation of new businesses. 

"This is an action for aiding and…

The decision in this case is straightforward, but gives practitioners little practical advice on how to word and present an expert’s affidavit. In Giardina v Lippes, 2010 NY Slip Op 06834;; Appellate Division, Fourth Department we see two things. The first is that the two summary judgment motion rule is not really a rule at…

This is a convoluted case, which started as a products liability-fall from a ladder- case, morphed into a legal malpractice case, went to trial and was prematurely dismissed during plaintiff’s case, was reversed on appeal and now comes back on a preclusion motion. The problem in Burbige v Siben & Ferber   2012 NY Slip…

How far may an attorney go when dealing with a client before the line is crossed and  extreme emotional distress may be charged?  InBlumencranz v Botter  2012 NY Slip Op 32089(U)
July 27, 2012  Sup Ct, Nassau County  Docket Number: 15489/11  Judge: Joel K. Asarch  we see behavior that is "utterly failing in propriety…

Something went really wrong with the settlement in a case against A& T Healthcare, LLC by the New York Healthcare Facilities Worker’s Compensation Trust.  Settlement (and a release) were followed by several other cases, in which A & T had to pay significant money.  It sued its attorneys in the case of A & T Healthcare, LLC v Markstein    …

Attorneys can easily be substituted in and out of cases, and personal injury matters are no exception. When client goes from attorney 1 to attorney 2 to attorney 3 the outlook for the case may sometimes be good, and in this case bad. Client was involved in a car accident, and hired attorney 1 to…

We were recently asked whether an Expert, testifying in a legal malpractice case can commit legal malpractice during testimony in the case. We discussed whether there was an attorney-client relationship, and whether "absolute immunity" for in-court testimony applied. Now, Levine v Harriton & Furrer, LLP ; 2012 NY Slip Op 01401 ; Appellate Division, Third…