The Defendant in this case was a well known (and ground-breaking) legal malpractice attorney who has been in a swirl of late career litigation.  There have been RICO cases, there have been intra-office blow-ups, and herein this case he was sued for legal malpractice.  However, here, all went wrong for plaintiff.

In Callaghan v Curtis …

There are at least three forms of pleading available in a legal malpractice case.  The first is malpractice itself, the second breach of contract and the third breach of fiduciary duty.  For legal malpractice  "a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member…

Sometimes, its just better not to continue the fight.  Sometimes, when it seems things can’t get worse, they might anyway.  In Mizuno v Fischoff & Assoc. ;2011 NY Slip Op 01811 ;Decided on March 8, 2011 ;Appellate Division, Second Department  defendant attorneys had already lost the fight and had been found to be…

Where else in the world of law might a party say that they had definitely made a mistake, and definitely departed from good practice, yet be immune?  We’re not talking about an act too many years ago, or an act that was compelled.  Here, in a familiar but fascinating story, attorney  Diarmuid White freely admits…

In the sister practice of Medical Malpractice much is similar.  The two bodies of law concern the work of professionals, each "treating" or "representing" people.  The laws of negligence apply to both, and both departure and causation must be proved at trial. 

The rules of Summary judgment, well settled, and with a history of their…

Last year brought estate v. estate attorney legal malpractice after the Schneider decision in the Court of Appeals. Today’s NYLJ brings the story of a law suit against Jacoby & Meyers and Whitehaven Financial Group for legal malpractice and usury.  They re-printed the complaint

As all know, there are lending entities that are willing to bet on…

Once upon a time there were different statutes of limitation for different ways of suing a lawyer.  The Court of Appeals recognized a 6 year contract statute and a 3 year tort statute.  The legislature changed all that, passing CPLR 324(6)  "an action to recover damages for malpractice, other than medical, dental or podiatric malpractice…

We read through this case looking for the legal malpractice connection with Gibson Dunn.  It took a while.  Take a look at this case just to see how many attorneys are listed below the caption. We think this may be a record.

When is an e-mail discoverable in a legal malpractice case?  In this instance it…