Legal Malpractice & Expert Witness Services Blog Law Firm

NY: Is a Reasonable Fee Evidence of Reasonable Care?

Wallenstein v. Cohen, 45 A.D.3d 674, 845 N.Y.S.2d 428 (App. Div. 2007) NY Underlying Fee Arbitration Student Contributor: Maninder (Meena) Saini Facts: Defendant-attorneys represented the plaintiff-client in a matrimonial action that ...

NY: Novel Theories, Out-of-State Law and the Standard of Care

Darby & Darby, P.C. v. VSI International, Inc. 95 N.Y.2d 308 (2000) NY Underlying insurance coverage Student Contributor: Maninder (Meena) Saini Facts: Defendant (VSI International Inc.), a Florida corporation retained ...

NJ Affidavit of Merit: Sometimes Yes, Sometimes No

Levinson v. D’Alfonso & Stein, 320 N.J.Super. 312 (App. Div. 1999) NJ Underlying personal injury action Student Contributor: Michael Park Facts: Plaintiff hired attorney to handle his personal injury/automobile negligence ...

NY: Does the "But For" Burden Reward Negligent Lawyering?

Aquino v. Kuczinski, Vila & Associates, P.C. 39 A.D.3d 216, 835 N.Y.S.2d 16 (A.D.1st Dpt. 2007) Student Contributor: Maninder (Meena) Saini NY Underlying personal injury action Facts: On July 4, 2002, ...

Fiduciary Duty to Non-Clients

Dynasty Building Corp. v. Ackerman, 376 N.J. Super. 280 (App. Div. 2005) NJ: Attorney Trust Account Funds Student Contributor: Michael Park Facts: Attorney received funds from Plaintiff through an accidental ...

PA: No Duty to Non-Clients

Cost v. Cost, 450 Pa. Super. 685 (1996) PA Underlying Commercial Action Student Contributor: Rachel Morris Facts: In connection with the “buyout” of ownership interests in several family businesses, the Plaintiff ...

PA: Injunctive Relief Available for Breach of the Rules of Professional Conduct

Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 529 Pa. 241; 602 A.2d 1277 (Pa., 1992) PA Underlying Legal Ethics Matter Student Contributor: Lisa Larato Facts: This legal malpractice action was ...

NY: Tolling the Statute of Limitations for Legal Malpractice Actions

Leffler v. Mills, 285 A.D.2d 774 (3 Dept. 2001) Underlying NY Probate Action Student Contributor: Marina Kritikos Facts: Plaintiffs were beneficiaries of a will. They had hired the defendant attorney ...

NY: No Liability for Predecessor Counsel

Katz v. Herzfeld & Rubin, P.C., 853 N.Y.S.2d 104 (2 Dept. 2008) NY Underlying Personal Injury Action Student Contributor: Jason Klein Facts: Plaintiffs retained Defendant attorneys as counsel for a personal ...

Guilty Until Proven Innocent? The Suit Within a Suit Method in the Criminal Context

Daly v. Peace, 863 N.Y.S.2d 770, 2008 N.Y. Slip Op. 06955 (2 Dept.) NY Underlying criminal action Student Contributor: Angela Ignelzi Facts: Plaintiff brought an action against his former defense attorney ...