Legal Malpractice

Claims, Counterclaims and Getting the File in Legal Malpractice

By (Andrew Lavoott Bluestone)

Client hires law firm, law firm is said to have made mistakes, law firm is said to have made corrective motions based upon its own mistakes, and then charged client.  Law firm sues client, and client answers without filing a counterclaim.

Its not evident from the decision but we guess that client then hired an attorney who seeks to change an affirmative defense to a counterclaim for legal malpractice.  in addition, attorney seeks to add an employee of the law firm as a "third party" defendant, and asks for a copy of the file and discovery responses.  How does Judge Gische of Supreme Court, New York County decide?

In Wagner Divs, P.C. v Gargano 01/20/2010 ;  2010 NYSlipOp 30156(U)  Justice Gische decides:

a.  In a regular case, retaining lien trumps need for file

b.  In a case with a legal malpractice counterclaim, need for file trumps law firm's retaining lien

c.  Law firm has to allow photocopying

d.  Defendant must pay for the copies

e. Amendment should be, and is, freely granted here.

 

Full post as published by New York Attorney Malpractice Blog on February 02, 2010 (boomark / email).