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 »
Sometimes, a lawsuit is dismissed based upon the concept of claim preclusion…
Sometimes, a lawsuit is dismissed based upon the concept of claim preclusion or collateral estoppel, which was defined by the court in Sang Seok Na v Schietroma, 172 AD3d 1263 [2d Dept 2019]: “ The doctrine of collateral estoppel, a narrower Read More »
“Slow Down, You Move Too Fast”
Simon & Garfunkel,The 59th Street Bridge Song (Feelin’ Groovy) A foreign company sued a New York State resident, seeking to force the sale of his house in order to satisfy its judgment. The company existed under New Jersey law with Read More »
