We’re proud to announce that our article "Legal Malpractice, Retaining and Charging Liens" was published in today’s New York Law Journal.  It’s about the issue most close to the hearts of attorneys, fees.  What happens at the end of the attorney-client relationship and how are fees worked out?  Read on…

Attorney being sued in legal malpractice – not a big story.  Attorney settling and paying $ 25 Million in malicious prosecution ?  Big story.  Here is the enormous settlement story from Brian Baxter of the New York Law Journal..

"Ending 13 years of litigation, Manatt, Phelps & Phillips has agreed to pay $25 million in…

Legal malpractice counterclaims face an uphill battle in attorney fee cases, and Schulte Roth & Zabel, LLP v Kassover ; 2011 NY Slip Op 00267 ; Decided on January 20, 2011 ; Appellate Division, First Department   is no exception.  The law firm represented defendants and worked up a $ 500,000 + bill.  Client partially paid…

Attorney is retained by plaintiff to prepare a commercial and corporate agreement between plaintiff and a commercial suitor.  In the end, plaintiff claims, attorney took a look at plaintiff’s niche business, then formed its own spin-off company to compete.  Competition rose to the $ 2.5 billion level.  Justice Feinman rendered a decision in Sharbat v …

Purchasers of real property should have bullet-proof protection on title and the conditions of sale.  There are any number of good, competent attorneys who are ready to handle a real estate buy-sell and to get the appropriate title search, survey and whatever else is necessary to ensure that the buyer gets what the bargain requires. …

Attorney fees are an endless source of conflict.  They have always been an endless source of conflict.  We faintly remember from high school that Abraham Lincoln was involved in attorney fee litigation.  Today is no exception.  inLanda v Blocker ;2011 NY Slip Op 00191 ;Decided on January 11, 2011 ;Appellate Division, Second Department …

Client suffers injury, client suffers (same or different) financial stresses and filed a petition in bankruptcy.  Effect is that client loses claim of injury to the bankruptcy estate, and may no longer bring the action.  Eventually, client is discharged in bankruptcy and sues the professional.  The case will be dismissed, for lack of standing.  So…

Typically a claim of breach of fiduciary duty involving an attorney will be an afterthought, or an alternative pleading, sometimes a duplicitive one, sometimes an independent cause of action.  Rarely does it stand alone.  Here, an attorney is accused of aiding a ponzi scheme, and really big numbers are involved.  As Nolene Walder of the…