Jousting with the landlord over rent stabilized apartments is a uniquely NYC type of activity. Violations of the rent-stabilization laws may lead to treble damages, and tenants routinely litigate over the actual v. statutory rent, whether there has been an illegal rent increase, and over violations.
Legal Malpractice News
Too Poor for Legal Malpractice?
The decision doesn’t tell us in what capacity the attorneys represented the client, but they are now in suit over legal fees, with a legal malpractice counterclaim. As we read this case, we wondered whether the time and effort was worth it. Will there ever be a collection of fees?
The Non-Existant Discovery Statute of Limitations in Legal Malpractice
How often it happens that plaintiff learns of mistakes his prior counsel made, but only years later. Years is the operative word here, as the statute of limitations for legal malpractice is 3 years. So what happens when the attorney lets plaintiff’s claim lapse, more than three years goes by, and plaintiff then learns of…
If a Lawyer is not doing Lawyer’s Work, is it Legal Malpractice?
In this particular case it is a mortgage broker’s work, and the attorney may not get (or keep) legal fees for the work. In Patricia Dell’Olio, Claimant v. Law Office of Charles S. Spinardi P.C., Defendant, SCR 1199/10; Civil Court, Richmond County; we see on way in which an attorney who is doing transactional work…
The Wrong Client and Legal Malpractice
Client selection is a fine art, and one in which every attorney must apprentice. Select the right client – with a good cause of action and of a sane temperament – and all may go well. Select the wrong client, and a world of abuse and possibly legal malpractice litigation may follow.
What is an Account Stated in New York?
Billing disputes between attorneys and clients fuel the legal malpractice cycle. Attorney seeks to enforce a bill, client responds with a legal malpractice claim, and the litigation clock starts. Each side seeks and looks for shortcuts, or checkmates. One checkmate, which may cut off a legal malpractice action at the beginning is the principal of…
Account Stated, Legal Malpractice and Termination without Cause in the Southern District
Magistrate Judge James C. Francis writes in Brooks Banker, v.Esperanza Health Systems, Ltd., 05 Civ. 4115 (DAB) (JCF):
"Brooks Banker, an attorney, brings this action against the defendants, his former clients, for unpaid fees. Mr. Banker now moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on…
We have the Check, But We Didn’t Deposit it…Legal Malpractice?
Clients often believe that their attorney was "bought off" and sometimes stretch the facts to fit a conspiracy theory. Most of the time there is simply no institutional way that "buying off" could even have happened. Sometimes we are non-plussed at the actions of attorneys. We wonder, in this case, why the attorney didn’t tell…
Legal Malpractice Cases With Some Well Known Names
The Redskins! 6 Flags! Cadwalader, Wickersham & Taft ! Legal malpractice cases do not get much higher visibility than this case. Nate Raymond of the The New York Law Journal reports that "Redskins owner Daniel Snyder has sued Cadwalader, Wickersham & Taft for $13 million over advice it gave on an investment bank’s fee during a…
Apartment Finances Disasterous…Is it the Attorney’s Fault?
Real Estate commerce is a big time sport in New York, and in Manhattan might be considered a lifestyle unto itself. The buying and selling of cooperative and condominium apartments goes on in an endless swirl, good or bad economic times notwithstanding.
One element of the purchase is an educated or studied prediction of future costs. …