Legal Malpractice

A Garden or Varietal Version of Fee Claim and Legal Malpractice Counterclaim

By (Andrew Lavoott Bluestone)

Almost as popular as attorney fee cases are defenses of legal malpractice.  Here, in Sieratzki v Sei Global, Inc., NY Slip Op 32656(u), all the basics are laid out.  Attorney represents client for a longish period of time, and substitutes into an Arbitration entitled  HL Group Partners, LLC v. Sei Global, Inc  He worked on the case for a while, He did some other work, in three other matters, including a holdover proceeding.  The general picture [one conjectures[  is that of a failing NY business, which is having landlord problems, is being sued by a trader, and is not paying its bills.  What happens to the attorney? 

He sends his bills, and when they are not paid, asks the arbitrator to be relieved as attorney.  The decision indicates that the reasons set forth were lack of communication and non-payment of legal fees.  Mr. Sohn told the arbitrator that he would continue pro-se and the attorney ws relieved.

Was this enough?  In this case, bills were sent on a monthly basis and ignored.  Fee arbitration, set forth in the retainer agreement was for sums greater than $ 50,000. 

The court held that attorney correctly withdrew from arbitration, and that the counterclaim for legal malpractice was completely conclusory, with "not a single fact' included.

Decision:  summary judgment to plaintiff for fees.  Effect?  We guess that it may be too little and too late to collect fees from this corporation. 

Full post as published by New York Attorney Malpractice Blog on November 23, 2009 (boomark / email).