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Legal Malpractice

: New York Attorney Malpractice Blog

Guardian's Attorney May not Be Sued in Legal Malpractice

By (Andrew Lavoott Bluestone)

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This case discusses three important concepts in legal malpractice.  Standing, immunity  and proximate cause. Cangro v. Solimon  2008 Slip Op. 33345. holds that  under Rule 1(h) of Part 36 of the Rules of the Chief Judge, a guardian ad litem's attorney requires judicial appointment, and is immune from suit, absent permission from the court. The same is true of trustees, referees and receivers.

Beyond this interesting tidbit, the case is worth reading for questions of proximate cause, emotional damages in legal malpractice and qualified immunity for attorneys in litigation.

 

 

Full post as published by New York Attorney Malpractice Blog on January 13, 2009 (boomark / email).

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