Attorney fee suits lead to interesting further proceedings. An oft cited piece of advice at CLEs is that attorney fee suits invite legal malpractice counterclaims. Here is one. They do not always succeed. However, was it worth the $6000 fee case?
In Richard A. Kraslow, P.C. v LoGiudice ; 2011 NY Slip Op 50823(U) ; …
Is a motion for summary judgment in a legal malpractice case timely or not? One Supreme Court Justice says that it is, and one says that it is not? is the first decision the law of the case or not? Is the Appellate Division bound by an earlier decision? How can two learned justices disagree…
We’ve discussed the oft-found fact situation of how a fee determination by a bankruptcy court may block a later legal malpractice action. In Breslin Realty Dev. Corp. v Shaw ; 2010 NY Slip Op 00087 Decided on January 5, 2010; Appellate Division, Second Department; Chambers, J., J. the court writes persuasively about the concept:
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It’s a trick question. The answer is always those that are relevant, material and cannot be obtained elsewhere. In the Fourth Department, this case states the rule:Riordan v Cellino & Barnes, P.C.
2011 NY Slip Op 03769 ;Decided on May 6, 2011 ; Appellate Division, Fourth Department
"Memorandum: Plaintiffs commenced this legal malpractice…
Legal malpractice is ubiquitous. All social classes are potential litigants, and almost every human endeavor (which interact with the law) will have incidences of legal malpractice. We are reminded of the New Yorker cartoon in which a small boy cries over a dropped ice cream cone, and a suited man asks "Do you need an…
In re: Teligent, Incorporated, Debtor v. K&L Gates LLP, 10-2257-bk (L);U.S. Court of Appeals, Second Circuit Bankruptcy is an odd case. It combines elements of bad faith litigation, Mary Carter agreements, bankruptcy dealing and huge sums. A"’Mary Carter" agreement can give the "settling" defendant a financial interest in the remainder of the plaintiff’s case and…
Legal malpractice litigagnts, as well as most other plaintiffs, would like to bring a case where they live. It’s convenient, it’s more likely favorable, and it’s easier. However, a case which took place in a neighboring state may not be proper to bring in NY. Here is an example. In Paolucci v Kamas
2011 NY…
In Law Offs. of D’amico & Assoc., PLLC v D’Elia ; 2011 NY Slip Op 21160 ; Decided on April 26, 2011 ; Appellate Term, Second Department attorney (plaintiff) has sued client (defendant) for fees, while at the same time attorney (defendant) is being sued for legal malpractice in Supreme Court by Client (plaintiff.) What…
Legal malpractice litigation is a complicated matter, with the need to prove hypothetical outcomes, requirements for experts, and proofs that things would have come out differently. It is not for the faint of heart. Pro-se litigants do poorly here.
In Kovitz v Wenig, Ginsberg, Saltiel & Greene, LLP ; 2011 NY Slip Op 50768(U) ; …
LOK PRAKASHAN, LTD. -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.
What is a question of judgment? " "A…
