We are often struck by the human element and how it interacts with the institutional element of litigation. Schedules are packed, attorneys have many cases, court dates go unrecorded, attorneys just don’t show up for conferences, and yet the cases go on. We believe that even in a successful case for one side or the
Legal Malpractice News
https://blog.bluestonelawfirm.com/2011/05/legal-malpractice-news/3166/
The hiring and firing of attorneys (or their reaction to being fired) is its own field of law. Collection of legal fees and arguments over whether the client got good value for the monies paid is a constant meme in legal malpractice.
Good cause for termination is not the same as malpractice. Attorney malpractice, the…
Failed Summary Judgment and Some Trench Battling
In this medical malpractice case (first cousin to legal malpractice) Judge Lobis of Supreme Court, New York County discusses how a seemingly good defendant’s Motion for Summary judgment fails and why battling about the Note of Issue was a waste of everyone’s time.
DeSantis v Zito ; 2011 NY Slip Op 31059(U) ; April 24…
Attorney Fee Litigation and Counterclaims in Legal Malpractice
Justice Judith Gische of Supreme Court, New York County presents a primer on attorney fee litigation and the disposition of counterclaims for legal malpractice in Hurley v. Bulah Church of God in Christ Jesus, Inc. In this case the Church had gone through some hard times. A pastor was accused of financial wrongdoing, and…
A Federal Primer in Legal Malpractice
ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 36382; March 28, 2011, is as good a primer in the general and substantive laws of legal malpractice as one might read. …
What Does Plaintiff Have to Prove for Legal Malpractice Case?
Here’s a fairly simple case. Plaintiff signs a real estate contract with a mortgage contingency. If she cannot obtain a mortgage she must give notice. If she properly gives notice she gets her down payment back. She hires attorney who negligently fails to give notice. She does not get her down payment back. Legal malpractice?…
Much Maneuvering but Little Movement in a Legal Malpractice Case
One really can’t tell from the decision, but this appears to be a personal injury – motor vehicle case in NYC with a blown statute. The decision in Greene v Sager 2011 NY Slip Op 50688(U) Decided on April 19, 2011 Supreme Court, Kings County Rivera, J. sets forth the various standards for a summary…
Is There a Secret Statute of Limitations Argument Almost Never Made in Legal Malpractice?
We think there is. It’s hiding inAccess Point Med., LLC v Mandell ;2011 NY Slip Op 30866(U)
April 8, 2011 Supreme Court, New York County Docket Number: 102082/2010
Here is how it goes. Generally in legal malpractice or in breach of fiduciary duty the statute of limitations begins to run on the date…
A Huge Breach of Fiduciary Duty Case, But Too Late
We think that plaintiffs should have been on notice when they were asked to do business with Bill Kidd, but even his name was not a tip-off. Here’s what happened. Kidd invested $5 million to start a low-cost durable medical equipment business that was dependent on getting cheep materials from China. He hired Troutman and…
Minutia Make the Difference in Upstate Divorce-Legal Malpractice Case
How does one prove that the settlement was not good enough, given the circumstances? How does one prove that had this or that taken place, that Husband would have paid less, and more to the point, how does one prove that Husband was the victim rather than the beneficiary of the settlement? It’s all in the…