Andrew Lavoott Bluestone

Andrew Lavoott Bluestone

July 05, 2024 | New York Law Journal

A Continued Lack of 'Grace' in Legal Malpractice

Today in 2024, after a decade of discussing 'Grace v. Law,' author Andrew Bluestone re-surveys the field for Grace "likely to succeed" legal malpractice dismissals, finding the landscape "relatively unpopulated."

By Andrew Lavoott Bluestone

9 minute read

April 03, 2024 | New York Law Journal

The Statute of Limitations in Legal Malpractice

The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.

By Andrew Lavoott Bluestone

10 minute read

December 19, 2023 | New York Law Journal

Judiciary Law §487 in 2023

Judiciary Law §487 is a statute unique in regulation of the legal professional. Other professions are subject to their own disciplinary rules, other professions are subject to negligence claims, but none are subject to a 748-year-old treble damage statute which has been incorporated into the common law.

By Andrew Lavoott Bluestone

10 minute read

June 29, 2023 | New York Law Journal

Making the Defendant Attorney Your Expert

A discussion of the rules on deposing a professional as an expert, including the standard of care and importance of the witnesses' own conduct.

By Andrew Lavoott Bluestone

7 minute read

April 21, 2023 | New York Law Journal

Nuts and Bolts of Legal Malpractice 2023

The term "legal malpractice" is loosely used, not only by the public but by attorneys as well. Here, author Andrew Lavoot Bluestone discusses the four elements of legal malpractice: Departures, Proximate Cause, "But For" Issues and Ascertainable Damages.

By Andrew Lavoott Bluestone

8 minute read

January 08, 2021 | New York Law Journal

A Continued Lack of 'Grace' in Legal Malpractice

Very unexpectedly, the author's 2014 expectation of a spike in the use of 'Grace' did not materialize by 2018 nor by 2021 and shows no sign that it will ever materialize.

By Andrew Lavoott Bluestone

8 minute read

September 08, 2020 | New York Law Journal

Legal Malpractice In the Time of Plague

How will the COVID pandemic change our judicial systems, and will there be any effect on legal malpractice?

By Andrew Lavoott Bluestone

12 minute read

April 02, 2020 | New York Law Journal

Turning a Defendant Into an Expert

Andrew Lavoott Bluestone looks at issues arising at depositions of a defendant professional, limiting the discussion to attorneys in this setting.

By Andrew Lavoott Bluestone

12 minute read

February 14, 2020 | New York Law Journal

Continuous Representation and the Statute of Limitations in Legal Malpractice

It can be complex to assign a definite date to the "mistaken act or departure."

By Andrew Lavoott Bluestone

11 minute read

November 22, 2019 | New York Law Journal

The Basics of Legal Malpractice

This article catalogues the four elements and sub-elements of legal malpractice as an attempted guide to the analysis of whether any particular legal outcome is legal malpractice and whether it can be successfully prosecuted.

By Andrew Lavoott Bluestone

11 minute read