Nachama Hirsch is the pro-se defendant in this attorney fee-legal malpractice case.  She was the wife in a divorce where the husband was able to take the couples assets into bankruptcy during the period between the grant of an order against him and the entry, and in doing so took millions away from the rightful…

Legal malpractice cases are ubiquitous an pop up everywhere attorneys handle problems for people.  We’ve wondered how a firm like Dewey (and its predecessor LeBoeuf, Lamb) are handled at the highest levels, and how a firm such as Dewey implodes.  Was it a big big legal malpractice case brought by the State of Missouri?  Take…

Experts are often needed in litigation, and always in medical malpractice litigation. Med Mal cases are lost and it is sometimes thought that they are lost because of experts. Was the expert good enough? Did the expert "give" the departures?

In Healy v Finz & Finz, P.C. 2011 NY Slip Op 01616 Decided on…

Plaintiff hires defendant attorney to represent plaintiff when he is sued.  The underlying case seems to be a construction accident matter.  Did plaintiff lose the case because defendant failed to make certain arguments, or was defendant prevented from making those arguments by his client?  We can’t really tell from the decision, but it seems that…

Truebright Co., Ltd. v Lester ; 2011 NY Slip Op 04235 ; ;Appellate Division, Second Department is yet another example of a lost legal malpractice case, but not based upon the innocence or non-departure of the attorney. In fact, just as in a recent case dismissed because the statute of limitations had passed on a…

Attorney fee disputes often blossom into legal malpractice cases, although Stephan B. Gleich & Assoc. v Gritsipis ; 2011 NY Slip Op 05483 ;  Appellate Division, Second Department is not one of these. Nevertheless, it is one of the longest attorney fee disputes in memory. The case itself started in 1993 as the AD tells…

Anecdotally, we believe that Courts have an institutional bias against legal malpractice cases.  That said, we are the first to admit that no catalogue of dismissed cases has been produced.  Still…Macaluso v Del Col ,   2012 NY Slip Op 03605   Decided on May 8, 2012   Appellate Division, Second Department is an example.  Here, defendants…

Client trips and falls because of a defect in a parking lot. Client goes to attorney who fails to commence the case within the statute of limitations.  Client sues attorney who comes up with very inventive defenses.  What happens to the case on summary judgment?

in Duque v Perez   2012 NY Slip Op 03593  …