July 05, 2024 | New York Law Journal
A Continued Lack of 'Grace' in Legal MalpracticeToday 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 MalpracticeThe 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 2023Judiciary 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 ExpertA 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 2023The 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 MalpracticeVery 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 PlagueHow 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 ExpertAndrew 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 MalpracticeIt 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 MalpracticeThis 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
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