Legal Malpractice & Expert Witness Services Blog Law Firm

NY: The Retainer Agreement as a Checklist of Duties

Douglas v. Dashevsky, 62 A.D.3d 937 (2009). NY: Employment Law Student Contributor: Nicholas Tam Facts: In 2002, plaintiff retained the attorney to represent her in a claim of employment discrimination. ...

NY: Due Diligence in Real Estate Transactions: §1031 Exchanges

Winters v. Dowdall 63 A.D.3d 650 (1st Dep’t 2009). NY: Real Estate Transaction Student Contributor: Nicholas Tam Facts: Plaintiff was selling New York real estate in accordance with exchange transactions ...

CT: Lack of Expert Testimony Kills A Legal Malpractice Claim Couched As a Breach of Fiduciary Duty Claim

Marciano v. Kraner, 126 Conn. App. 171, appeal denied, 300 Conn. 922 (2011) CT: Underlying Wills, Trusts, and Estates Disputes Student Contributor: Jennifer Hanley Facts: Client’s parents were older and ...

ABA National Legal Malpractice Conference in NYC April 18-20

The Legal Malpractice Law Review and legalmalpractice.com are pleased to be among the sponsors of the Spring 2012 American Bar Association National Legal Malpractice Conference, which will take place at New ...

NY: Do Attorneys Owe a Fiduciary Duty to Limited Partners?

Eurycleia Partners, LP v. Seward &Kissel, LLP, 12 N.Y.S. 3d 553(2009) NY: Underlying Securities Fraud Student Contributor: Mordechai Goldenberg Facts: Plaintiffs are limited partners in a hedge fund that was ...

NJ: Affidavit of Merit Statute and Lateness

Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but ...

FL: Defendant Can Raise Affirmative Defense SOL in Answer in Complaint Does Not Show the Cause is Time Barred

Jelenc v. Draper, 678 So.2d 917 (Fla. App. 1996) Student Contributor: Ross Eisenberg FL: Underlying Personal Injury Facts: Plaintiffs retained the Defendant law firm for a personal injury action. The ...

PA: Burden of Proof Preponderance of the Evidence for Proximate Cause

Ferencz v. Milie, 535 A.2d 59 (1987) PA: Underlying negligence and malpractice claim Student Contributor: Christina Tsirkas FACTS: Client slipped and fell on an icy patch in a hospital parking ...

NY: Plaintiff's Misconduct Can't Be Involved In Malpractice

Selletti v. Liotti, 804 NYS 2d 739, 22 A.D.3d 739 (2d Dept 2005) NY: Underlying litigation; sanctions for discovery abuses Student Contributor: M. Rubin Facts: Defendant attorney represented plaintiff client ...

NJ: Attorney Reliance on Defective Title Report Not Malpractice

Smith v Boyd 272 N.J. Super 186 (L. Div. 1993) NJ: Underlying foreclosure sale Student Contributor James Quinn Facts: Plaintiff won home at sheriff’s foreclosure sale. The sale was conducted ...