In what may be her last published decision before retirement Justice Emily Jane Goodman enters a field that has not been touched for years, and for which there seemed to be certainty on what damages were permitted.  In legal malpractice, a claim by a criminal defendant for legal malpractice  is almost never successful, and when it…

After a trial, All Town Real Estate Associates has won a two part legal malpractice judgment, now affirmed by the Appellate Division.  In Island Props. & Equities, LLC v Cox ;2012 NY Slip Op 01656 ; Decided on March 6, 2012; Appellate Division, Second Department  we see that the attorney failed to handle two…

Spanish company is in the business of exporting and selling olive oil.  While in bankruptcy it arranges for ongoing sales to the US.  US Company hires CPAs to do routine monthly billing and reconciliations which go wrong.  How long does the representation go on, and does it comprise "continuous representation"?  Is the commencement date for purposes…

There are some attorney specialists in NY.  There is board certification in DWI litigation, in Legal Malpractice, in Medical malpractice and there are Board certified civil trial specialists.  Until a few days ago, if one who was board certified used that title in any letterhead or ad, the following disclaimer was necessary:  ""[1] The [name…

"The best defense is a strong offense"…"Tyranny shall not go unopposed!" which of these two opposing story lines will succeed in a legal fee / legal malpractice case. Here is one example where the fee side wins out. Duane Morris LLP v Astor Holdings Inc. , 2009 NY Slip Op 02544
Decided on April 2…

Attorneys hold funds for clients, and many attorneys get in trouble because of it.  Just this week two disciplinary cases were published.  In one the brother of an attorney converted a large sum from the escrow account.  The attorney was suspended for failing to supervise his brother.  Here, the attorney resigns in the face of…

Litigants faced with the 3 year statute of limitations often turn to a fraud cause of action.  Fraud has a 6 year statute of limitations, and in some instances an even longer discovery statute, which would be 2 years after discovery of the fraud.  It’s inviting and promises a cause of action when the legal…

What happens to a legal malpractice case when documents suddenly go missing?  Is there a responsibility to maintain documents from the underlying case based upon letters and discovery demands in the underlying case?  How does a $ 20 million legal malpractice  case get dismissed well before the merits are ever tested?

In 915 Broadway Assoc. LLC …