Appeals Court Reinstates Legal Malpractice Claim Because Plaintiff Was Pro Se
A New York appeals court has reinstated a legal malpractice suit because the ex-client suing Koven & Krause ended up pro se because his lawyer was suspended.
Under a state statute, the Court of Appeals held in an opinion (PDF) yesterday, Joseph Moray should have been given extra time to respond to a deadline for filing a complaint because his attorney in the malpractice suit had had his license suspended, reports the New York Law Journal. Its article is reprinted in New York Lawyer (reg. req.).
The court noted that once a lawyer becomes disabled, “no further proceeding shall be taken in the action against the party for whom he appeared” until 30 days after the opponent is served with notice that the party has a new lawyer. It is Civil Practice Law and Rules 321(c). The court held that the statute applies even though the issue wasn’t raised until appeal.
Additional coverage:
New York Attorney Malpractice Blog: “CPLR 321(c), The Court of Appeals and Legal Malpractice”
