Beginning with the assumption that all the lawyers in your firm are actually drafting and updating client engagement letters on a regular basis, are you also utilizing your engagement letter to guard against a cyber-related liability claim from your client and minimizing your risk? If not, you are missing a... Read more →

It is well-settled law in most jurisdictions that litigators have the freedom to use reasonable judgment in making strategic choices on behalf of their clients, without fear of legal malpractice liability. Despite this, lawyers are not immune from attacks on their decision making, with clients routinely trying to “second guess”... Read more →

It is widely understood that the Statute of Limitations – the timeframe in which it is appropriate to file a claim – for Legal Malpractice in New York, as in many jurisdictions, is three (3) years1. However, when does a potential claim accrue, thus commencing that three year period? When... Read more →

They hold various titles for their daily roles in the practice of law: paralegal, legal secretary, paraprofessional, law clerk, project assistant, docketing clerk, research assistant, and the list is ever expanding. Regardless of their title, members of law firm support staff serve a critical role in the daily practice of... Read more →

It is well-settled that in order to adequately plead legal malpractice the complaint must allege negligence, but-for-causation and ascertainable damages1. These allegations must be supported with factual assertions. Bare legal conclusions devoid of factual specificity will not suffice. Yet under CPLR § 3211, the pleading standard is broad and lenient.... Read more →