Today’sNYLJ article by Andrew Keshner gives the background to a very high level spat between marquee named attorneys Ire Lee Sorkin, Judd Bernstein and Raoul Felder. Was it deceit, or was it just good old bare-knuckled lawyering?
"In two separate rulings, one state and one federal judge declined to punish high-profile attorney Ira Lee…
Clients think about suing their attorney; they think long and hard. Sometimes, they get distracted, and time passes. Sometimes too much consideration leads to too much delay. As an example, in this case Plaintiff’s mother brought a personal injury case against the City of New York for plaintiff from an injury of December 20, 2002.
In the past several years we’ve been given unprecedented access to court records. No more is it necessary to travel to the courthouse to review a file, nor must we wait for the clerk to mail (or not mail) a decision. The Court’s online presence has rapidly increased. However, access to written decisions is not…
Our meme is that legal malpractice is ubiquitous and may arise in almost any setting. Here, in a medical malpractice case we see what could have been a nasty legal malpractice had the AD no intervened. In Westchester, cases go the the Trial Assignment Part which has broad discretion in the scheduling of trials. There…
QBE Ins. Corp. v Lebowitz 2013 NY Slip Op 31752(U) July 11, 2013 Supreme Court, New York County Docket Number: 600412/10 Judge: Milton A. Tingling leads one to the question, How could this happen? Law firm defends insurance company, and routine discovery demands are served. Routine discovery demands are ignored. Not until after the…
Bedsores are a cardinal mark of neglect in hospital care. They need never occur, and once they are created, should/could/must be treated so that they go away. The decedent in this legal malpractice case was treated horribly. The survivors then hired an attorney who let the case go, and himself was disbarred upon a guilty…
Attorney sues Client for legal fees. Opening a legal malpractice blog with that sentence is akin to starting a novel with "it was a dark and stormy night…" So much of legal malpractice litigation arises after a fee dispute that "Fee dispute-legal malpractice" is a google search term. Here, in Brill & Meisel v Brown …
Matrimonial legal malpractice has two distinct sides. In representing the monied spouse, it generally consists of a claim that the attorney overbilled, and churned the file. In representing the non-monied spouse, it generally consists of a claim that the settlement was unfair, or that the attorney failed to discover a large cache of assets.
In…
The beginning and end of an attorney-client relationship have some formal aspects to them. They are guided and controlled by CPLR 321. The end of the attorney-client relationship has a direct link to the question of commencement of the statute of limitations. Defendant attorneys in legal malpractice cases often point to harsh communications which precede…
We are not sure where the line between privacy and whistleblowing exists, nor where the balance should be. Galloway v Wittels 2014 NY Slip Op 30006(U) January 6, 2014 Supreme Court, New York County Docket Number: 151287/2013 Judge: Cynthia S. Kern is an interesting example of how a person can become enmeshed in a situation much…
