Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: July 1, 2016

Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim

On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LLP, 2016 NY Slip Op. 05041, affirming the dismissal of a claim for legal malpractice on summary judgment on several grounds, including that:

the violation of a disciplinary rule, without more, is insufficient to support a legal malpractice cause of action [and because] plaintiff cannot prove that she suffered damages that were proximately caused by defendants’ alleged misconduct, her cause of action must be dismissed.

(Internal quotations and citations omitted).

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