May 31, 2012
No Non-Pecuniary Damages For Malpractice In New York Criminal Cases
The New York Court of Appeals has held that a plaintiff suing for legal malpractice in a criminal case may not recover non-pecuniary damages.
The court found no "compelling reason" for a contrary result, which would have "negative, and at worst, devastating consequences for the criminal justice system" by discouraging attorneys from undertaking court-appointed criminal defense work. (Mike Frisch)
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I love the way that the New York Court of Appeals has lots of time for civil cases such as this but despite there now having been more than 400 reciprocal discipline cases in New York, the Court of Appeals has not considered one of the many attempted appeals brought by attorneys attempting to challenge reciprocal discipline procedures in New York.
Posted by: Stephen Williams | May 31, 2012 7:25:31 AM