Last August we reported on the legal malpractice case which arose in California and made its way here.  "In this recurring situation, plaintiff has both a California and a NY connection, and hired an attorney to do some work, which eventually goes sour. Frequently a case like this comes up in the entertainment field, with…

Well, the case is not strictly about Dog, it does derive from litigation surrounding him.  Question:  you have a dispute over a sum of money with "X" and "Y".  You also have a legal malpractice case against your attorney, who worked on the "x" and "Y" case.  If you collect from your attorney in legal…

Sometimes the attorney representing a client is actually retained by the client, and sometimes the attorney is provided to the client.  In one recurring situation, union members are provided with legal representation.  The member (plaintiff) does not have an attorney-client relationship with the attorney.  That relationship and the privity that is created is between the…

Legal Malpractice insurance companies have two big exclusions.  One is late notice of a claim and the other is acts outside the policy coverage.  Late notice is a constant danger to the insured.  Carriers take the position that as soon as the attorney knows there has been a mistake he is obligated to tell the…

Sometimes a case reads like a movie script or a Grisham novel.  People v Wlasiuk ; 2011 NY Slip Op 09544 ; Decided on December 29, 2011 ; Appellate Division, Third Department  reads like one. In reading the case a thought flitted across our mind…could reversible error intentionlly be built in to a case?

 
"Defendant was convicted in…

Architectural malpractice follows the same rules as legal malpractice.  Duplicitive pleadings are not permitted, and will be dismissed.  As we discussed yesterday in Beck v Studio Kenji, Ltd.
2011 NY Slip Op 33470(U); December 21, 2011; Sup Ct, NY County; Docket Number: 108995/09
Judge: Louis B. York one might plead 10 claims, only to have…

Just as in Legal malpractice, so professional malpractice has its pleading rules.  In Beck v. Studio Kenji;  2011 NY Slip Op 33470(U) ; December 21, 2011; Sup Ct, NY County; Docket Number: 108995/09 ;Judge: Louis B. York we see the Court reducing the variety of claims to a contract and a negligence claim. …

We’d like to take this chance to thank our readers for this year and to wish a very good year to all.  If you just can’t get enough legal malpractice, take a look at our article in the New York Law Journal from this week.  The Nuts and Bolts of Legal Malpractice.  See you soon.