We’re still looking at Wortman v. Cheng today.
Although at oral argument, plaintiff’s principal stated he was not challenging the contingency fee agreement the law firm is, in fact, doing just that. Wortman states in his February 17, 2012 affidavit that "I am entitled to the quantum meruit value of my services In the…
In Wortman v. Cheng, which we started to write about last week Justice Gische lays out a primer of the various attorney fee claims, and how they interrelate with legal malpractice.
"The elements of a claim for quantum r meruit am:( It)he performance of services in good faith; (2) the acceptance of services…
Legal Malpractice and Attorney Fees are coupled throughout the case law involving attorneys. They generally arrive on the scene together, and resolution of one generally disposes of the other. In Daniel R. Wotman & Assoc., PLLC v Chang 2012 NY Slip Op 31845(U) July 9, 2012
Supreme Court, New York County Docket Number: 110893/2010 Judge…
People start LLCs and other juridical entities in order to obtain a shield from personal liability. Interests change over time which can cause difficulties later. Brach v Levine 2012 NY Slip Op 51312(U) Decided on July 16, 2012 Supreme Court, Kings County Battaglia, J. is an example.
Despite the shocking allegation that defendant " Levine…
In New York City condominiums are a rich source of litigation. At the ownership level, one sees litigation over the buying and selling; at a personal injury level, one sees slips and falls. In the construction of the buildings, negligence and indemnification between general contractors and subs is an ongoing field of law. Here, in…
It’s pretty well accepted that a legal malpractice claim accrues on the date the mistake is made, but in . DURAN, -v- MOODY, REDNISS MOODY LLP, EDWARD J. GREENFIELD, LAW OFFICE OF EDWARD J. GREENFIELD, Defendants. o. 11 Civ. 6155 (LTS)(JLC) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2012 U.S. Dist.
The Fourth Department, in what we see as strong terms, reiterated that it is always the attorney’s job to prepare the case, and that responsibility may not be shifted to the client. Even when the client participates in the preparation it remains a responsibility of the attorney.
Legal malpractice litigation is aimed at a large variety of events. Damages are suffered by clients in two distinct areas. One is where an underlying damage award is lost. Think auto accident which should have netted personal injury award is brought too late.
A second area of damages is unnecessary legal fees to remedy an…
Client was sued for legal fees and counterclaimed for legal malpractice. As has happened many times before, a bankruptcy filing prior to the law suit deprives client of the capacity to sue the attorneys. How does this happen?
In the Bankruptcy petition, one must schedule all potential claims that one reasonably knows of. This includes a…
Potential legal malpractice clients often wonder whether it is better to try to fix the problem or sue the attorney. The answer to this question is the highest form of speculation. Its far more difficult to predict the future events in litigation than to pick a winner from a 9 horse field.
