Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Malpractice
: New York Attorney Malpractice BlogRepresenting Both Sides and No Retainer Agreement in Legal Malpractice Case
By (Andrew Lavoott Bluestone)
A series of loans, a single attorney in the transactions, a failure to file the mortgage, a defense that the clients should have filed the mortgage themselves, a loss of $ 750,000. How can this happen to sophisticated lenders?
The question is not exactly answered, but the picture that emerges from Brija v. Fernandez NY SlipOp 32559, New York County, Justice Ling-Cohan is of lenders with money but little experience, an attorney who is willing to represent both sides, and what looks like failure to file security interests.
One reason that the case resisted dismissal was the utter lack of retainer agreements or documents which showed when the attorney was finished with the work. An otherwise paled defense of statute of limitations failed because there was not a single indicator whether the representation lasted a single day or years.
As Justice Ling-Cohan wrote:"The conflicting statements about the end of his representation, the absence of a retainer agreement by Fernandez with any party, the lack of a document signifying the conclusion of his representation (of either plaintiffs or borrowers) the internal inconsistency of the date ranges provided by either side and the possible relevance of the letters and note"... all rule out dismissal on the statute of limitations.
Full post as published by New York Attorney Malpractice Blog on September 24, 2010 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Prenuptial Agreements
Make an Airtight Prenuptial Agreement
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Uniform Pre-marital Agreement Act
Standard Prenuptial Law
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Legal Forms
Business and Commercial Legal Forms
Legal Malpractice
legal malpractice lawsuits.
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $1.8 Million in Legal Malpractice Suit
Accounting Malpractice - Accountant Malpractice, Accounting Malpractice Lawsuit
Accounting Malpractice alleging financial malpractice by accountants.
Loan Agreement
Vernalis to pay Endo Pharmaceuticals $7 million settlement.
Birthing Malpractice
Kaiser Permanente pays $3.2 million medical malpractice settlement.
Viviendas, Inquilinos y Dueños
legal issues.

Which Ethics Rules Apply to Lawyer-Experts
"Simplify Your Retainer Agreement"
The Well Drafted Retainer Agreement - A Sample and A Challenge







