One theme that we have considered over the years is whether attorneys get preferential treatment in legal malpractice litigation.  Are motions to dismiss granted on too little evidence?  Do the attorneys get the benefit of the doubt?  Is the fact that legal malpractice law is written mostly by attorneys, is decided upon by attorneys and…

9/11 is almost 10 years behind us.  Its direct effects may have passed, but the indirect effects still resonate.  Here is a fraud, foreclosure scam and legal malpractice case which arises out of the post 9/11 world.

Cullen v. Steinberg, 2010 U.S. Dist. LEXIS 62138 is a case in which plaintiff was the surviving…

At the outset, we find that the Supreme Court improvidently exercised its discretion in, sua sponte, directing dismissal of the complaint insofar as asserted against the Meighan defendants pursuant to CPLR 3211(a)(4) in view of the continued pendency of the first legal malpractice action against those defendants, which relief was not requested by any party…

Tsafatinos v Wilson Elser Moskowitz Edelman & Dicker, LLP ;2010 NY Slip Op 06085 ;decided on July 13, 2010 ;Appellate Division, Second Department is short on details as to how and why the legal malpractice case was filed on a date the Appellate Division determined to be too late.  The rules, however, are clear:
 …

Justice Gische, of Supreme Court, New York County has written a number of legal malpractice decisions over the years.  One recently decided  is Kleinser v Astarita  NY Slip Op 31675U.

Here, plaintiff was a trader and employee of Rockrimon Securities.  He was fired by them and sued.  The case was litigated before Justice Ramos.  At…

Justice Goodman of Supreme Court, New York County has a caseload full of legal malpractice cases.  Here is an accounting malpractice case coming as a counterclaim for accounting fees, but the idea is just the same.  In Perelson Weiner, LLP v Allison 06/29/2010 Supreme Court, New York County, Goodman, J. the claim was that client…

LOK PRAKASHAN, LTD.  -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.

What is a question of judgment? " "A…

Fees and Attorneys seem to be a dyad that never stops recurring.  More correctly put, disputes about  fees and attorneys have been here forever.  we’re certain that the bible contains some commentary, and we do know that Abraham Lincoln had attorney fee cases in his docket.  Here is a decision from Judge Scheindlin on the…