Thursday, February 21, 2008

"A Highly Questionable Claim"

The New York Appellate Division for the Second Judicial Department upheld a trial court's dismissal of a legal malpractice claim that "alleg[ed] that the plaintiffs were forced to settle their underlying personal injury action for an amount far below what the would have recovered had it not been for the defendant's actions." The defendant law firm had "refus[ed] to pursue a highly questionable claim for exaggerated lost earnings" and had been discharged by plaintiff five months before the underlying case had been settled: "[S]ubsequent counsel had a sufficient opportunity to protect plaintiff's rights by pursuing any remedies it deemed appropriate on their behalf." (Mike Frisch)

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