Plaintiff is arrested and retains attorneys to represent him.  Plaintiff bails himself out and uses the bail receipt to pay the attorneys.  At issue here is whether he endorsed the bail receipt over to the attorneys to cover a minimum fee, and whether pleading guilty is a "’disposition" or whether pleading guilty and being sentenced…

Legal malpractice litigation is unique.  While the simple fact is that this branch of the law is written by attorneys, is utilized to litigate against attorneys, is judged upon by attorneys, the more complex story is that there are a number of unique rules.  One is that a criminal defendant may not sue his attorney absent "actual innocence."  There are no lawsuits…

The more things change, the more they stay the same, say the French.  In the Estates and Trust – legal malpractice world, this saying is illustrated by Leff v Fulbright & Jaworski, L.L.P. ;2010 NY Slip Op 08443 ;Decided on November 18, 2010 ;Appellate Division, First Department.  There has been a revolution in this world…

The rule of privity in legal malpractice is very strong.  It exists as a "bright line" that admits of few exceptions. One recent anomaly is that of decedents, estates and standing.  In an article from today’s NYLJ. Raymond Radigan and Jennifer F. Hillman,  write the following:

"In a significant decision this summer, Schneider v. …

Bumpus v New York City Tr. Auth. ;2009 NY Slip Op 05737 [66 AD3d 26] ;July 7, 2009 ;Dillon, J., J. discusses what to do when the defendant can’t be identified, or served within a 120 day period.  On Wednesday we discussed the first two options: making a motion after the 120 days have…

One frequently sees an argument made in motions to dismiss pursuant to CPLR 3211 (multiple sub-divisions) in which evidentiary material is submitted by defendant, and it is argued that damages cannot be ascertained or proven.

In Simpson v Alter ;2010 NY Slip Op 08089 ;Decided on November 9, 2010 ;Appellate Division, Second Department  the…

Over the years, the rules of service of process have changed.  Once, long ago, a case was commenced when defendants were served with a summons and complaint and an index number was purchased only when necessary.  Later, in 1992 a commencement by index number rule started, and questions of service then arose.  Under CPLR 306-b…

What happens when Judges hire attorneys to litigate election law matters?  The same thing that happens when ordinary people litigate.  Some litigations end in legal malpractice cases.  That is true of Simpson v Alter ; 2010 NY Slip Op 08089 ; Decided on November 9, 2010 ;Appellate Division, Second Department.   

In this follow up to…