Free report on Attorney
Malpractice
issues, trends and litigation
From the Law Office of Andrew Lavoott Bluestone
The most common causes of attorney
malpractice litigation:
1. Poor
communication with the client
Always at the base of a professional malpractice
lawsuit
2.Statute of
Limitations problems
3. Suing a client over
the bill. Often precipitates a malpractice lawsuit
4.Notice of Claim
problems Includes municipal, agency, Court of
Claims, private notice requirements, and other
condition precedent situations
5.Calendar
control problems Marking off calendar, non-appearance at
conferences, defaults, abandonment of motions
6.Failure to
supply necessary documents Affidavit of merits, Admissible evidence
affidavit for Summary Judgment, Doctor's affidavit for
threshold cases, affidavit of a reasonable excuse and a
meritorious cause of action;
7.
Discovery Failures Preclusion, dismissal for willful, contumacious
behavior, failure to get necessary information
for use at trial, failure to serve expert responses
8.
Conflicts of interest Matrimonial, commercial situations
9. Escrow and fee violations Non-refundable fees, holding back escrows,
failure to remit
10.
Settlements and Stipulations without authority Attorney's agreement will bind client
even against client's wishes
Next issue: A
hierarchy of mistakes
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