Legal Malpractice

Divorce, Criminal Charges and Legal Malpractice

By (Andrew Lavoott Bluestone)

When do divorce, crime and legal malpractice intertwine?  In this case, at the intersection of divorce and fighting ex's  In short, plaintiff had a child with GF, and they were separating, and at the same time arguing over custody and support.  GF charges plaintiff with child abuse, and a series of investigations start.  Attorney represents plaintiff and helps settle the custody/support issues, and gets a [shaky?] written agreement that GF will not testify against plaintiff.  What happens then?  We see the story in Boykin v. Campbell, NY Slip Op 32721(U). Supreme Court, Nassau, Judge Adams.

For his part, plaintiff gives GF half of a Florida house as tenants in common.  As you might guess, the deal unravels, probably after the criminal and abuse charges were dismissed.  What does one do after the deal works to plaintiff's benefit, where plaintiff successfully ends the criminal and abuse problems and is prepared to walk away from the litigation?  One sues the attorney.

Eventually this legal malpractice action is dismissed on the grounds that there is no showing [in summary judgment] that the attorney departed from good and accepted practice.  Of interest is the court;s last paragraph in which it opines that the stipulation of settlement of the custody/support case itself is valid...although we do not understand the relevance to the legal malpractice case.

Full post as published by New York Attorney Malpractice Blog on November 25, 2009 (boomark / email).