In Bernard v Proskauer Rose, LLP ; 2011 NY Slip Op 06184 ; Decided on August 4, 2011 ; Appellate Division, First Department  we see a situation in which plaintiff sues his attorneys, who defend by arguing that the plaintiff brought it all upon himself.
 

"In this action for legal malpractice, breach of fiduciary…

Equitable estoppel is an argument which posits that (for example) the statute of limitations should  not bar an action, because defendant led plaintiff on, and kept plaintiff from timely filing a case.  In WASHINGTON MUTUAL BANK, Plaintiff, -against- LESTER YOUNG, RAYMOND MAR, MARILYN HARRIS, AKA MARILYN SELLER, US BANK NATIONAL ASSOCIATION, et al,  the…

When may a criminal defendant sue her criminal defense attorney?  Almost never, and when it is permissible, usually in breach of contract.  Here, in CAROL PEIRCE, -v- JAMES NEUMAN,  Index Number 116678/2008; SUPREME COURT OF NEW YORK, NEW YORK COUNTY;2011 NY Slip Op 31812U; 2011 N.Y. Misc. LEXIS 3288 we see a case which loses…

Intentional infliction of emotional distess is rarely alleged alongside a legal malpractice claim, but here in WASHINGTON MUTUAL BANK, Plaintiff, -against- LESTER YOUNG, RAYMOND MAR, MARILYN HARRIS, AKA MARILYN SELLER, US BANK NATIONAL ASSOCIATION,, et al,  it is, to no avail.

"In its complaint, WaMu alleges that, on February 10, 2005, Harris and Mar…

It is often said (and sometimes sanctimoniously) that the legal malpractice claimant is simply trying to gain an advantage, or to avoid paying legal fees.  Here, in Matter of Price ; 2011 NY Slip Op 05814 ; Decided on July 5, 2011 ; Appellate Division, Second Department we see a different use of the claim. …

The Law sites are consistently filled with stories of partners leaving firm A for firm B, and sometimes taking assoicates with them. Law firms fold and are re-cast as new firms. How does this restelss movement affect legal malpractice clients?

In The New Kayak Pool Corp. v Kavinoky Cook Llp ;2010 NY Slip Op 05176…

A prime worry for the legal malpractice practitioner, on either side of the aisle, is whether there is legal malpractice insurance. For the defendant, it is paramount; for the plaintiff it is significant. Much thought has gone into how to determine whether the target defendant has adequate [or indeed, any] insurance, and planning has to…

The Third Department gives a nice analysis of the law of "account stated" in its decision, Antokol & Coffin v Myers ;2011 NY Slip Op 06051 ;Decided on July 28, 2011 ;Appellate Division, Third Department .
 

""’An account stated is an agreement between parties to an account based upon prior transactions between them…