Blogs

Posts Categorized: Law Firms and Professional Ethics

Posted: January 5, 2018

Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely

On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher LLP, 2017 NY Slip Op. 09252, holding that a breach of fiduciary duty claim against former counsel was timely based on a conflict even though the related malpractice claim was untimely, explaining: Plaintiff’s claim for legal malpractice, in… Read more »

Posted: December 26, 2017

Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification

On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insurance Trust v. People Care Inc., 2017 NY Slip Op. 08930, holding that a prior representation was not so substantially related to a current dispute in which prior counsel was adverse so as to justify that counsel’s disqualification, explaining: A party… Read more »

Posted: December 6, 2017

Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One

On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Capital One Equip. Fin. Corp. v. Harari, 2017 NY Slip Op. 32460(U), denying a motion to disqualify counsel because their previous representation was not substantially related to the present one, explaining: Defendants ask that the issue of disqualification be… Read more »

Posted: November 22, 2017

Mere Error in Judgment Cannot Be Basis for Malpractice Claim

On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Telecommunications Systems Inc., 2017 NY Slip Op. 07954, holding that a mere error in judgment cannot be the basis for a legal malpractice claim, explaining: On appeal, defendant argues that plaintiff’s filing of a sanctions motion, instead of… Read more »

Posted: November 8, 2017

Representation of Business Owners Not Representation of Business for Conflict Purposes

On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision in MVP Delivery & Logistics, Inc. v. American International Group, 2017 NY Slip Op. 32280(U), holding that a prior representation of a business’s owners was not a representation of the business for conflicts purposes, explaining: A party seeking disqualification… Read more »

Posted: October 26, 2017

Action Dismissed Because Plaintiff’s Counsel Did Not Maintain Office in New York

On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P., 2017 NY Slip Op 07219, affirming the dismissal of an action because plaintiff’s counsel did not maintain an office in New York state in violation of Judiciary Law Section 470, explaining: The record supports… Read more »

Posted: October 21, 2017

Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward

On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision in Alrose Steinway, LLC v. Jaspan Schlesinger, LLP, 2017 NY Slip Op. 32082(U), allowing a malpractice claim to go forward based on the firm’s alleged failure to supervise one of its partners, explaining: In addition to malpractice, plaintiff asserts… Read more »

Posted: October 8, 2017

Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter

On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Scopia Windmill LP v. Olshan Frome Wolosky LLP, 2017 NY Slip Op. 32031(U), refusing to dismiss a malpractice claim made by a plaintiff that was not a party to the firm’s engagement letter, explaining: On the legal malpractice… Read more »

Posted: September 22, 2017

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages

On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Miami Capital, LLC v. Hurwitz, 2017 NY Slip Op. 31925(U), dismissing a legal malpractice claim for failure adequately to allege damages, explaining: Hurwitz argues that the complaint should be dismissed because Miami Capital fails sufficiently to plead any… Read more »

Posted: September 18, 2017

Client Bound by Counsel’s Agreements, Even if Counsel Lacked Authority to Agree

On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Samuel Realty LLC v. Richardson, 2017 NY Slip Op. 31936(U), holding that a party was bound by a stipulation agreed to by counsel, even if counsel lacked authority to enter into the stipulation, explaining: As noted by Judge… Read more »