Practitioners are supposed to know not only how to gain a client, but how to settle a case without causing collateral damage.  One such trap, though well known, open and obvious, is the settlement of tort actions when plaintiff has been awarded Workers’ Compensation benefits.  In short, before settling a tort action where plaintiff has…

Change in the law is sometimes revolutionary, and more often incremental.  A stunning example of incremental change is a trend in legal malpractice arising from matrimonial actions.  Often, if not universal, matrimonial actions are settled in open court stipulations, set on the record. For some historical reason, in matrimonial "allocutions" as well as in criminal plea…

Matrimonial legal malpractice is typically all about the money – and the money is usually about equitable distribution. Money, or having to give it to someone else drives people insane. in this case it apparently drove the husband to solicit the murder of his wife. Luckily, the plan fizzled, and ended in divorce and equitable…

Attorneys automatically obtain a charging lien by commencing an action.  There are several ways to lose that lien.  One is to be terminated "for cause" and another is to withdraw voluntarily.  This is different from being "consented out" or by withdrawing with mutual consent.  In Nassour v Lutheran Med. Ctr. ;2010 NY Slip Op…

The decision is somewhat short on details, but points to the most unique part of legal malpractice litigation.  When lawyers are sued for their professional acts, plaintiff must prove that "but for" the attorney’s acts there would have been a better or more favorable outcome.  In Millennium Import, LLC v Reed Smith LLP ;2010…

This story of a likely ponzi scheme in the investments field took place between family members.  Plaintiff gave his in-law $ 295,000 to invest.  When he became troubled by the lack of documentation, he demanded his money back.  A transfer of $ 250,000 (he took a real loss) came to him.  Trouble came with the…

We read this story about the largest firm in Florida going through some changes.  As bad as having the First Named Partner being suspended from the practice of law, and the name of the firm changing to reflect that reality, this story from Law.Com is even worse:

"MIAMI – Adorno & Yoss, one of Florida’s…

Prisoners are frequent consumers of legal services, yet lack many of the abilities to enforce, cajole, or otherwise make sure post-trial, post-plea or appellate work is performed, and performed on time.  Many are the complaints that attorneys were paid, and the work was not done for years, if done at all.  Compounding the problem for…