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Legal Malpractice

New York Attorney Malpractice Blog

Legal Malpractice Attorney & Lawyer
By Andrew Bluestone

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 06:03:18

The Money is Lost, but is it Legal Malpractice

Posted on February 12, 2009
Much litigation arises from the "deep pocket" theory. Put in the best light, it might be said that a plaintiff has really been wronged, and now the search is on for the usual suspects. Put another way, someone has lost a lot of money, due to no fault of his own, and he would like to be reimbursed...

Referring Attorneys and Legal Malpractice

Posted on February 11, 2009
Attorney Referrals are a significant part of the attorney compensation field, and some attorneys derive considerable fees from their practice of taking in a large catchment population, and then referring the cases out to attorneys in specialized fields...

Peeling Away the Layers of Legal Malpractice

Posted on February 10, 2009
The Fourth Department handed down four legal malpractice decisions this week, which is surely a record. Three were decisions without reasoning. The fourth, KEITH LONG, , v CELLINO & BARNES, P.C., THE BARNES FIRM, P.C., STEPHEN E. BARNES, ESQ...

A suspended Judge and Legal Malpractice Cases

Posted on February 09, 2009
How much money can be made in the business of incarcarating juviniles? Apparently, quite a bil. This Pennsylvania judge was suspended upon "accusations that two now-suspended Pennsylvania judges accepted $2.6 million in kickbacks in exchange for incarcerating juveniles at specific detention facilities " That's bad...

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Attorney Pays $ 200,000 in Legal Malpractice and Gets $ 1.2 Million

Posted on February 06, 2009
Here is the story of a three-way deal in a legal malpractice / overpayment of fees / municipal negligence case which we reported at the onset. In Lodi, California [I must admit that the CCR song quickly comes to mind] target attorney had represented the city in litigation, especially an underground pollution case, and claimed he was owed $ 7 million or more...

Legal Fee Suits and Legal Malpractice Cases

Posted on February 05, 2009
If one were to peruse the legal press, headlines seem limited to merger, layoffs and legal fee disputes. There is a definite tie-in to legal malpractice litigation. Lesson one by legal malpractice insurers to attorneys is that legal fee cases engender legal malpractice defenses...

A Legal Malpractice Dismissal Motion Primer

Posted on February 04, 2009
For some reason, it seems legal malpractice cases are subject to an inordinately high percentage of motions to dismiss, more so than other categories of cases. Here in SHAHRAM DAVID LAVIAN, -v.- IRA DANIEL TOKAYER, ESQ., 08 Civ. 938 (PAC) (GWG); UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U...

Continued Representation in Legal Malpractice

Posted on February 03, 2009
The principal of "continued representation" in Legal Malpractice is that the statute of limitations does not start to run upon the making of a mistake, while the attorney continues to represent the client. "The statue of limitations sounding in legal malpractice is tolled until the completion of the attorney's ongoing representation concerning the matter out of which the malpractice claim arises...

Legal Malpractice Case against your Public Defender

Posted on February 02, 2009
The poor deserve an adequate criminal defense as much as anyone else. While everyone gets an attorney when arrested, even if they cannot afford one, publicly funded legal Aid or 18b attorneys don't always get sufficient funding to handle large caseloads/ Who suffers? Here is a case from Seattle in which an innocent man sat in jail for months after his accuser recanted...

Blame the Judge in Legal Malpractice

Posted on January 30, 2009
Judges handle hundreds of cases a year, many more during a career. what happens when a judge is removed from the bench for criminal acts? Can the cases presided over by this particular judge unravel? In this Pennsylvania legal malpractice case, the judge recused himself during trial when an attorney accused him of showing favoritism...

Attorney Fees in Legal Malpractice Litigation?

Posted on January 29, 2009
May the defendant attorney collect attorney fees for the successful defense of a legal malpractice case? One would immediately think not. The "American Rule" is that each side pays for its own attorneys, and the blackletter rule in NY is that absent an agreement or a statute, attorney fees are not collectible...

Try, Try, Try Again in Legal Malpractice

Posted on January 28, 2009
ROBERTO BERAS, Plaintiff-Appellant, -v.- STEPHANIE M. CARVLIN, ROBERT C. GOTTLIEB, MARK STEIN, THE FIRM FRIED, FRANK, HARRIS, SHRIVER, AND JACOBSON, CHARLES A. ROSS, THE FIRM OF BRAFMAN & ROSS, Defendants-Appellees.;No. 07-2514-cv;UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2008 U...

When is a Legal Fee not Really a Legal Fee

Posted on January 27, 2009
Collateral Estoppel and Legal Malpractice have an interesting intertwining existence. Put briefly, once an attorney is awarded a legal fee [by a court, an arbitrator, or a judicial hearing officer] a subsequent legal malpractice case fails on the basis that a court has already implicitly determined that there can be no legal malpractice, because no fee may be awarded in the face of legal malpractice...

Divorce, Legal Malpractice and Proofs

Posted on January 26, 2009
Here is a pdf version of the Oxman v Herman Sloan Robarge & Sullivan, LLP case, which is a not unusual matrimonial legal malpractice case, As in many of these cases, plaintiff-wife believes that her attorney has insufficiently investigated the assets of her husband, to the extent that she has been significantly short-changed in equitable distribution...

Like Russian Dolls, A Case Within A Case, Within...

Posted on January 23, 2009
Legal malpractice is a world within itself. Beyond the obvious small universe of defendants, all attorneys of course, and the unique rules, the serious questions are almost always how the underlying case was lost, and could it have been won. While much litigation today centers on meta data and electronic discovery, most of legal malpractice centers on metaphysics, or the ultimate nature of proofs and hypothetical outcomes...

"9 to 5" and Legal Malpractice

Posted on January 22, 2009
Legal Malpractice in Hollywood should come as no surprise. We've commented on the widespread omnipresence of legal malpractice litigation, but had no idea we would be quoting Variety on the subject. Here is their report on legal malpractice and the "9 to 5" screen, stage and trust saga as well as the cult classic Harold and Maude...

Harbinger of Legal Malpractice Cases to Come?

Posted on January 21, 2009
As the economy has sunk, it is expected that legal malpractice cases will increase. One reason is that cases previously thought to be unworthy will garner new luster; another is that in commercial circumstances there will be opportunities for cases...

Thoroughbred Legal Malpractice Case

Posted on January 20, 2009
This case illustrates the difference between legal malpractice and all other litigation, the "case within a case." Defendant attorneys admitted that they allowed a case to go into default, yet were successful in avoiding liability. Their defense? Even if we made the mistake, plaintiff could not have won the case after all...

What's Worse than Legal Malpractice? Arrest

Posted on January 19, 2009
For an attorney, being sued is a traumatic event. Ones advice and acts are being criticized, and a former client is claiming injury as a result of your professional work. Not a good feeling. What could be worse? How about being arrested for giving advice to a client? In this case, Vinluan v...

The Connection between the Economy and Legal Malpractice

Posted on January 16, 2009
We've noted in the past that many legal malpractice cases arise when attorneys work outside of their zone of experience. As an example, there are unique rules for medical malpractice which do not exist elsewhere. A certificate of merit is required to be filed with the complaint, and the failure to file it can have serious ramifications...

Multiple Representation and Legal Malpractice

Posted on January 15, 2009
This case Tavarez v Hill ;2009 NY Slip Op 29002 ;Decided on January 5, 2009 ;Supreme Court, Bronx County ;Victor, J. recently partially decided covers two areas. The first area is disqualification of counsel because of multiple representation of four car accident victims, all in one car...

Medical Malpractice, Experts and Potential Legal Malpractice

Posted on January 14, 2009
Here is a fascinating case from the Fourth Department. Lawfirm refuses to pay expert for his trial testimony [what has happened to the demand that a certified check be handed over prior to taking the stand?] and expert sues for his fee. Law firm turns around and sues for loss of case based upon expert's testimony...

Guardian's Attorney May not Be Sued in Legal Malpractice

Posted on January 13, 2009
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...

Will Foreclosure Cases Morph into Legal Malpractice

Posted on January 12, 2009
There is a traditional cadence to the start of a legal malpractice case. First comes a dispute, retention of an attorney, initial success, then a downturn into failure followed by a legal malpractice case. With the real estate market very troubled, and foreclosures on the rise, a prediction of legal malpractice/foreclosure actions is warranted...

Always a Case within a Case in Legal Malpractice

Posted on January 09, 2009
As yet another example of why legal malpractice is a difficult discipline, here is a case in which there was a failure to file a counterclaim, The legal malpractice case ends in dismissal, because the Appellate Division determines that the counterclaim, even if made would have failed...

Attorney Fee Denied in Multi-Million Dollar Medical Malpractice Settlement

Posted on January 08, 2009
The matter of Chen v. Mt. Sinai was handled by attorney Steven F. Goldman, and settled just after depositions for $ 2.4 million. Mt. Sinai was represented by Martin Clearwater & Bell, a premiere NY med-mal defense firm. One would think that was good news for Mr...

Death in Iraq, Blackwater and Legal Malpractice

Posted on January 07, 2009
Law.Com reports [as does the BLT Blog] that a legal malpractice case by Blackwater Security Consulting has been dismissed, now for the second time against Wiley Rein. The legal malpractice case arises from the horrible death of Blackwater employees in Falugia, Iraq...

Legal Malpractice and the Real Estate Downturn

Posted on January 06, 2009
A recurring theme of these entries is the ubiquitous nature of legal malpractice. All roads, it seems, require attorneys to mix a metaphor. Downturns in the real estate marketplace are no exception. Here is a story from Law.Com about a legal malpractice case against Quinn Emanuell, a biglaw litigation firm...

Asbestos, Settlements and Legal Malpractice

Posted on January 05, 2009
Asbestos settlements have changed the landscape of tort law, and especially mass tort law. Back in the mid '90s asbestos cases started to cascade and overwhelm the system. The defense bar's response was to try to streamline the process. While this may seem counter intuitive, the intersection between defense costs and settlement costs, especially when insurance/limited insurance coverage was factored in, required litigation committees, typology of injury and the like...

Bankruptcy and Legal Malpractice

Posted on January 02, 2009
The question of when a legal malpractice claim belongs to the debtor and when it belongs to the debtor's estate is of strong significance. If the former, plaintiff may hire his own attorney and proceed; if the latter, then the trustee in bankruptcy or debtor's estate holds the reins...

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