Once someone has sued another and the case is dismissed, the plaintiff’s claim is barred or precluded. In Manko v Gabay, 175 AD3d 484 [2d Dept 2019], the court held: The plaintiff subsequently commenced the instant action against, among others, the Read More »
Doctrine of judicial estoppel in the context of legal malpractice actions
In Borges v Placeres, 64 Misc 3d 92, 96 [App Term 2019], the court dealt with the doctrine of judicial estoppel in the context of legal malpractice actions. We hold that the doctrine of judicial estoppel bars plaintiff from arguing Read More »
Where former client sues for legal malpractice but previously filed for bankruptcy
Where the former client sues for legal malpractice but has previously filed for bankruptcy, there must be an evaluation as to whether the legal malpractice claim is part of the bankruptcy estate or if the former client may pursue the Read More »
If attorney has violated a disciplinary rule…
If an attorney has been determined to have violated a disciplinary rule, the client may seek to have the attorney’s fees forfeited. In Baugher v Cullen and Dykman, LLP, 173 AD3d 959 [2d Dept 2019], court held: “ An attorney who Read More »
…the client must prove that he sustained damages….
Once the defendant-law firm has moved for summary judgment to dismiss the complaint, the client must prove that he sustained damages. See, Nill v Schneider, 173 AD3d 753 [2d Dept 2019]: A plaintiff in an action alleging legal malpractice must prove that the Read More »
