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NYLER Archive •
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Comments Off on Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict
By John D. Dalton & Matthew R. Yost, Baugh Dalton LLC When a defense is being provided to an insured under the terms of an errors and omissions policy, a number of conflicts can arise in the tripartite relationship among the insured, the insurer and the...
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Comments Off on When Case-Within-a-Case Method Helps Plaintiffs Prove Legal Malpractice
By Daniel L. Abrams Causation is an essential element in any legal malpractice case. When the plaintiff alleges that an attorney mishandled a lawsuit, in order to prove causation the plaintiff must prove that it would have prevailed in the underlying lawsuit....
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Comments Off on Law Firm In-House Privilege Revisited
By Ronald C. Minkoff A recent decision by a Commercial Division judge in New York County has caused shivers of anticipation among New York’s professional responsibility community. In an Interim Order in Stock v. Schnader Harrison Segal & Lewis...
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NYPRR Archive •
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Comments Off on Defining Causation in Transactional Malpractice
By Arthur S. Linker [Originally published in NYPRR February 2008] The New York Court of Appeals repeatedly has held, and recently reaffirmed, that a legal malpractice claim requires proof that but for the attorney s negligence, the plaintiff-client...
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Comments Off on Alleging Fraud in Withholding Knowledge of Malpractice
By Lazar Emanuel [Originally published in NYPRR ] Plaintiff Ferdinand sued lawyers Crecca & Blair on account of their services in connection with a landlord/tenant action which resulted in Plaintiff’s eviction from the contested premises. In her...
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Comments Off on Pecuniary Damages Rule Applied to Malpractice in Criminal Cases
By Lazar Emanuel [Originally published in NYPRR September 2002] In Wolkstein v. Morgenstern [713 N.Y.S.2d 171 (App. Div. 1st Dept. 2000)], the First Department promulgated a simple and clear rule in all civil cases: Except in cases of conduct “so...
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NYPRR Archive •
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Comments Off on First Department Okays Malpractice Suit Against Rhode Island Lawyer
[Originally published in NYPRR July 2002] The Appellate Division, First Department has reversed a decision of the lower court and subjected a Rhode Island lawyer to its long-arm jurisdiction in a suit for legal malpractice arising from a New York...
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Comments Off on Colorado Claims Jurisdiction Over New York Malpractice
By Lazar Emanuel [Originally published in NYPRR April 2002] The Supreme Court of Colorado has held that a New York lawyer who represented a Colorado resident (Keefe) in a New York litigation is subject to Colorado’s long-arm statute and may be sued...
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Comments Off on “Sheraton v. LeBoeuf” — Test of Trial Malpractice
By Steven Wechsler [Originally published in NYPRR February 2002] In August 1997, the firm of LeBoeuf, Lamb, Greene & MacRae undertook the representation of defendant Sheraton Corporation in a law suit filed in the U.S. District Court for the...
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Comments Off on Review of Recent Malpractice Issues
By Steven Wechsler [Originally published in NYPRR November 2001] [Editor’s note: Professor Wechsler is currently preparing a review of recent developments in Professional Responsibility, to be published in the 2000–01 Survey of New York Law in the...
