Blogs

Posts Categorized: Law Firms and Professional Ethics

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 »

Posted: July 26, 2017

Breach of Fiduciary Duty Claim Based on Law Firm’s Conflicted Representation Timely

On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, 2017 NY Slip Op. 05794, holding that a breach of fiduciary claim against a law firm for representing an adverse party was timely, explaining: [T]he IAS court should have permitted the breach of fiduciary duty claim to… Read more »

Posted: June 9, 2017

Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment

On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP, 2017 NY Slip Op. 04361, holding that a legal malpractice claim based on allegedly faulty tax advice should survive summary judgment, explaining: The court properly declined to dismiss the corporate plaintiff’s claim that it would not have… Read more »

Posted: April 19, 2017

Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations

On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2017 NY Slip Op. 30676(U), granting motions to disqualify both plaintiffs’ counsel and defendants’ counsel. Georgetown Co. involves a dispute over a $35 million rights fee associated with development rights to a… Read more »

Posted: April 9, 2017

Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed

On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brean, Murray, Carrett & Co. v. Morrison & Foerster LLP, 2017 NY Slip Op. 30602(U), dismissing a fraud claim based on the same facts as a legal malpractice claim, explaining: Brean’s fraud claim must also be dismissed. Brean’s… Read more »

Posted: April 6, 2017

Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim

On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Balin Adler & Hyman, LLP, 2017 NY Slip Op. 02688, holding that questions of fact regarding when a legal representation ended precluded dismissal on statute of limitations grounds, explaining: In moving to dismiss a cause of action pursuant to… Read more »

Posted: March 23, 2017

Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration

On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, LLP, 2017 NY Slip Op. 01973, holding that a Judiciary Law Section 478 claim could not be based on attorney conduct in an arbitration, explaining: Plaintiff also failed to state a cause of action under Judiciary Law §… Read more »

Posted: February 10, 2017

Failure to Inform Client of Retention of Co-Counsel Does Not Render Retainer Unenforceable

On February 9, 2017, the Court of Appeals issued a decision in Marin v. Constitution Realty, LLC, 2017 NY Slip Op. 01019, holding that the failure to inform a client of the retention of co-counsel did not render the retainer unenforceable. In Marin, the plaintiff’s attorney-of-record engaged co-counsel to assist her in a matter, agreeing… Read more »

Posted: February 2, 2017

Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim

On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & Bird LLP, 2017 NY Slip Op. 00535, affirming the dismissal of a legal malpractice claim, explaining: Decisions regarding the evidentiary support for a motion or the legal theory of a case are commonly strategic decisions and a client’s… Read more »