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

Its Not Legal Malpractice, but Breach of Fiduciary Duty When Defendant is Not Even an Attorney
It does not happen often, but non-lawyers sometimes come to represent clients. An impostor? A simple clerical mistake? We don't know how it happened in this case, but in Natural Organics Inc. v Anderson Kill…
Legal Malpractice Fallout from the Modeling Industry
Monique Pillard, president of Elite Models, is the plaintiff in this legal malpractice case, She was a defendant in a highly significant employment discrimination case revolving around an asthmatic worker who was fired, and the…
Termination, Legal Malpractice and Quantum Meruit
There are some basic rules in legal malpractice litigation about fees. One of these rules is that an attorney may be terminated at any time by the client, either for cause or without cause. A…
Old and New Law in Attorney Fee Disputes
New York traveled through a sea change in its attorney disciplinary and ethical rules when the new rules were enacted in April. Prior to the change, DR 2-107 did not require that a client be…
Divorce Allocutions and Legal Malpractice
Legal malpractice plaintiffs who are suing for representation in a divorce action are routinely placed between a rock and a hard place, when asked at the settlement of their divorce action whether they are satisfied…
Assignment of a Legal Malpractice Claim in the 2d Circuit
Corporate clients assign causes of action between themselves on a fairly regular basis. Often, for purely economic reasons, in mergers, and in other corporate maneuverings, a cause of action will become one of many assets…
Liens, Settlements and Legal Malpractice
Yesterday we discussed medical treatment liens and when an attorney might become liable to pay them, even though the attorney did not deduct from the settlement proceeds when making the distribution. Today, Joel Stashenko in…
Liens, Attorneys and Clients: Who is Responsible?
Personal injury law requires doctors, doctor reports, doctor testimony and medical treatment of the plaintiff-clients. Clients rarely have the means to pay for medical treatment after an injury, yet need it. Because of this need…
Legal Malpractice and Nazi-confiscated Art
Any place there are disputes over anything, legal malpractice questions lurk. One is reminded of the New Yorker cartoon in which a 4 year old has dropped his ice cream cone, only to have an…
Being Pro-Se in a Legal Malpractice World
One of the paradoxes of the legal malpractice world is the number of pro-se plaintiffs. While there are some pro-se defendants [both top-tier and totally uninsured], pro-se plaintiffs are often present. Here, in Walter v…