legal malpractice

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Latest blogosphere posts tagged “legal malpractice”

 

• Is It Legal Malpractice to Withdraw As Attorney?

  
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  Money disputes between clients and attorneys are a rich source of litigation.  This is likely due to the low entry costs for attorneys to sue their clients, and the fact that clients are really relegated to the closed purse method of dealing with uncooperative attorneys.  Hence the stage is set for a large body of ...
  3 hours ago

• Something Was Wrong, But Its Too Late

  
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  Uninsured Motorists Coverage is insurance that one buys for the instance in which the other driver is uninsured or underinsured.  Before that coverage, which has already been paid for, is triggered, several things must take place.  One is that the entire policy payout of the other driver must be obtained and the ...
  1 day ago

• A Son in Jail, New York Parents and a Legal Malpractice Case

  
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  On occasion, the bitterness and melancholy aspects of a case are cognizable merely from reading a motion decision.  In Bloomgarden v Lanza   2013 NY Slip Op 31221(U)  June 5, 2013 Supr Ct, Suffolk County  Docket Number: 8587-12  Judge: Daniel Martin  two parents, both doctors, sue California attorneys over ...
  5 days ago

• Legal Malpractice and the Insurance Carriers Obligations

  
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  This clearly written Court of Appeals case lays out the Insurance carriers obligation to defend legal malpractice cases, and what happens when they refuse to defend.  K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co . , 2013 NY Slip Op 04270 , Decided on June 11, 2013  Court of Appeals, Smith, J. tells us ...
  6 days ago

• Legal Malpractice and the Adult Use Industry

  
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  The Adult Use industry was the subject of constitutional litigation in the City of New York, and was essentially limited to certain non-residential corridors.  In DeWitt, New York its use is also limited .  What happens when an operator hires a law firm to help set up an adult use industry, and finds that the ...
  1 week ago

• A Judiciary Law 487 Claim Clears its First Hurdle

  
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  From what we can decipher in this decision, an insured car owner was convinced that it had to pay $200,000 from its personal assets in settlement of a case, and that the insurance company was allowed not to pay.  Plaintiff alleges that this happened because of deceit.  In Duszynski v Allstate Ins. Co.    ...
  1 week ago

• What is Effectively Compelled and What is Speculation?

  
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  Client retains attorney, and reaches settlement of an underlying workers compensation case.  He later sues attorney for legal malpractice.  May he? The short answer is yes, a client may sue his attorney after a settlement, if "if it is alleged that [the] settlement . . . was effectively compelled by the mistakes of ...
  1 week ago

• Whats A Trial Strategy and Whats Not ?

  
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  Judgment calls are exempt from legal malpractice consideration.  Put another way, an attorney may not be held for legal malpractice on the basis of a reasonable trial strategy even when unsuccessful.  But, what is a trial strategy and what is a departure from good standards?  Often the difference is in the eye of ...
  1 week ago

• What Did Plaintiff Really Get?

  
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  Plaintiff starts a legal malpractice law suit, and then settles it for $ 40,000.  Later, he turns around and seeks to set aside a stipulation of discontinuance, general release, and hold-harmless agreement in the case.  In Rosin v Weinberg 2013 NY Slip Op 03981  Decided on June 5, 2013 Appellate Division, ...
  1 week ago

• After Legal Malpractice Case Fails, So Does a Medical Malpractice Case

  
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  Sadly for plaintiff, her case is now fully dismissed. It was earlier dismissed against her attorney.   She alleges in Strujan v Head   2013 NY Slip Op 31154(U) May 24, 2013 Supreme Court, New York County Docket Number: 800029/2012 Judge: Eileen A. Rakower that her case arose from : "an incident in September ...
  2 weeks ago

• Pari Delicto, Comparative Negligence and Legal Malpractice

  
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  The First Department delved into a legal malpractice case with several unusual affirmative defenses.  In Whitney Group, LLC v Hunt-Scanlon Corp . 2013 NY Slip Op 03929  Decided on May 30, 2013  Appellate Division, First Department  we see affirmative defenses of "in pari delicto", comparative fault and a ...
  2 weeks ago

• Learning Annex Strikes Out in Legal Malpractice

  
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  Were not exactly sure what type of fraud took place here.  It seems to be centered around a merger and a voting agreement that injured the Learning Annex in Learning Annex, L.P. v Blank Rome LLP    2013 NY Slip Op 03921  Decided on May 30, 2013   Appellate Division, First Department  Blank Rome seems to ...
  2 weeks ago

• There Are 50 Ways to Leave Your Lawyer

  
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  The right to sue ones lawyer can end after a period of time, called the statute of limitations.  The statute does not start to run until there has been a "mistake" by the attorney, but that time can be tolled by the continuous representation doctrine.  When the attorney-client relationship ends is the subject of ...
  2 weeks ago

• 10 Tips for Managing Risk in Litigation

  
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  Clients sue their lawyers for a variety of reasons, not limited to cases where the lawyer has made an actual error. In a family litigation-based practice, there are a few common scenarios that increase the odds that a client will be dissatisfied with the results and seek to place the blame on legal counsel. While the ...
  3 weeks ago

• Side Issues in a Legal Malpractice Case

  
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  Sometimes, side issues in a legal malpractice seem to predominate, and even lead to appellate proceedings.  One might think that a frank discussion of whether or not the attorney departed from good practice would be in everyones interest, but in Corrieri v Schwartz & Fang, P .C.     2013 NY Slip Op ...
  3 weeks ago

• Legal Aspects of Occupational Therapy

  
  AttorneyNext — Authority: 139
  List Price: $ 119.99 Last checked best price : Kindly click the buy button to get latest prices Thank you for visiting AttorneyNext. Support us by buying products through our links. Since publication of the original edition in 1996, this book has established itself as an essential text for occupational therapists. It ...
  3 weeks ago

• A Film Lost; A Legal Malpractice Case Lost

  
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  Plaintiff hired attorneys to help transfer the rights and title to a movie being produced.  From there, all went wrong, and at this time, plaintiff may not even own the film anymore.  How did this happen, and why was the legal malpractice case lost?  In Candela Entertainment, Inc. v Davis & Gilbert, LLP    ...
  3 weeks ago

• Legal Aspects of Occupational Therapy

  
  AttorneyNext — Authority: 139
  List Price: $ 119.99 Last checked best price : Kindly click the buy button to get latest prices Thank you for visiting AttorneyNext. Support us by buying products through our links. Since publication of the original edition in 1996, this book has established itself as an essential text for occupational therapists. It ...
  3 weeks ago

• Golly ! It Wasnt Me!

  
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  Plaintiff seems to be ascendant at this point in the case, but proof of a 19 year old trip and fall may be difficult in the extreme.  A trial will ensue, after plaintiffs rare successful motion for partial summary judgment was granted in Cox v. McKernan .  In todays New York Law Journal Christine Simmons ...
  3 weeks ago

• Three Different Ways to Lose a Legal Malpractice Case

  
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  We wince to see cases lost on procedural grounds, much less legal malpractice cases.  Here, in Northern Source, LLC v Kousouros    2013 NY Slip Op 03607   Decided on May 21, 2013   Appellate Division, First Department it seems that plaintiff failed to file a note of issue after a written demand, failed to ...
  4 weeks ago

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