New York Attorney Malpractice Blog
The New York Attorney Malpractice Blog has summaries and links to cases and news about legal malpractice.
Author: The blawg is sponsored by the Law Firm of Andrew Lavoott Bluestone in New York City.
Blawg Related Categories: Law Practice Management • Legal Ethics • Trials & Litigation • States • New York • Solo / Small Firm
Recent Posts from New York Attorney Malpractice Blog
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An Interesting Excuse in Legal Malpractice
Defendant attorneys in legal malpractice cases often have valid, technical, factual and compelling defenses. Sometimes they claim that the alleged malpractice is a question of judgment; sometimes the law suit is too late. In other…
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Stunning Summary Reversal in Legal Malpractice Case
In a short, one line reversal, the Court of Appeals put to rest a very old legal malpractice case, Gotay v. Breitbart.. The Court of Appeals simply wrote: "Plaintiff's legal malpractice claim was not brought…
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A Very Sad Outcome for Plaintiff in this Legal Malpractice Case
Here is a blackletter rule: You must obtain consent from the Worker's Compensation carrier before settling a personal injury action in which there was WC payments. If you don't, the WC carrier takes a 'vacation"…
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Is Legal Malpractice Different?
Legal Malpractice is unique, in that lawyers write the rules for suing lawyers, and those cases are heard by lawyers. This situation does not obtain in any other field of jurisprudence. Here is an interesting…
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Unjust Enrichment in Legal Malpractice
Many times in legal malpractice cases, courts find causes of action to be duplicitive. Some of this arises from over-pleading. As an example, plaintiff may plead legal malpractice, negligence, breach of contact, breach of fiduciary…
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Plaintiff Continues with Legal Malpractice and Unjust Enrichment and Fiduciary Duty Claims
In a well-reasoned opinion from the SDNY, Judge Koeltl determined that plaintiff may continue with three claims against the attorneys. In SMARTIX INTERNATIONAL CORPORATION, a.k.a. SMARTIX INTERNATIONAL, LLC, - against - GARRUBBO, ROMANKOW & CAPESE,…
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What Creates an Attorney-Client Relationship for Legal Malpractice Purposes ?
Privity of contract is an essential in legal malpractice litigation. One may not sue the opponent's attorney; only one's own. What makes for privity of contract? As all know, no writing is necessary to create…
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Attorney and Client Battle over Fees and Legal Malpractice
So often, the practice of law seems to have devolved into an attorney v. client battle over the work and fees. Here in Morelli & Gold LLP v. Altman, NY Slip Op 31492(U) we see…
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Attorney's Representation and Comments not Legal Malpractice
Legal Malpractice litigation is a world apart from the rest of regular litigation ; it has its own rules, it has its own prinicipals, and is the sole set of rules written by attorneys to…
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"Unsettled Law" and Legal Malpractice
Attorneys deal in areas of well settled law and in areas of "unsettled law." Clients have problems or issues which exist, no matter how settled the law is in that area. Attorneys are held to…