Arbitration clauses in professional malpractice settings are not absolute, but they can be very persuasive to Courts.  When presented with defenses to an arbitration clause, or to other clauses contained in the agreement between client and professional, the Court may take up the issue and decide it, or it can send the issue to the arbitrator, as it did in Collins Bros. View Full Post
Professional negligence similar to legal malpractice deals with areas of specialized knowledge.  When the term “specialized knowledge” is used, the trial lawyer thinks: “admissibility”, “lay juries” and “experts.”  In Herman v Franke, Gottsegen, Cox Architects  2017 NY Slip Op 07980 Decided on November 15, 2017 Appellate Division, Second Department one side utilized an expert, the other did not.  View Full Post
Plaintiff sued under Judiciary Law § 487 and was promptly the subject of sanctions and dismissal.  Supreme Court granted both, and an appeal ensued.  In Liang v Wei Ji  2017 NY Slip Op 08361 Decided on November 29, 2017  Appellate Division, Second Department,  the Court affirmed because plaintiff had previously been enjoined from starting any actions without prior permission.  View Full Post
Weintraub v Petervary  2017 NY Slip Op 51595(U)  Decided on November 16, 2017 Appellate Term, Second Department is an example of how lower courts over-determine cases in favor of the attorney and to the detriment of the client.  Legal malpractice cases, we have argued in the past, are dismissed at a greater rate than in the general inventory of cases, and courts routinely delve into the specifics of cases rather than review the pleadings. View Full Post
A straight forward allegation of legal malpractice is the first step in a successful claim.  A second step is connecting the described shortcomings and the claimed damages.  In Lisi v Lowenstein Sandler LLP  2017 NY Slip Op 32411(U)  November 16, 2017  Supreme Court, New York County Docket Number: 160298/2016  Judge Shirley Werner Kornreich finds that where a claim might be stated, damages cannot be linked to the shortcomings. View Full Post