Andrew Lavoott Bluestone

October 25, 2016 | New York Law Journal

Manhattan attorney Andrew Lavoott Bluestone discusses the importance of the "but for" element in legal malpractice litigation. As he puts it, the "but for" element of legal malpractice is a place where otherwise great legal malpractice cases founder and sink; a black hole in law is a place where cases disappear without a trace. Legal malpractice cases in which the attorney mistake is obvious and even admitted can still disappear without a trace when the "but for" element of legal malpractice is considered.

By Andrew Lavoott Bluestone

21 minute read

April 06, 2016 | New York Law Journal

Andrew Lavoott Bluestone writes: While legal malpractice deals with negligence or good-faith mistakes, Judiciary Law §487 deals with attorney deceit. In the past, it appeared that courts viewed §487 cases with disfavor, and as the least important of any causes of action arising from the attorney-client relationship. But there have been some important developments in the past year, which now reveal the law is mainstream and no longer a fluke.

By Andrew Lavoott Bluestone

23 minute read

December 01, 2015 | New York Law Journal

Andrew Lavoott Bluestone writes that the statute of limitations in legal malpractice cases is often thought of as impervious. But what has always seemed to be a very strict and narrowly construed doctrine has recently admitted of a wide-open exception that may well come to swallow the rule over the years. The exception concerns law firm retainers with arbitration agreements.

By Andrew Lavoott Bluestone

10 minute read

November 30, 2015 | New York Law Journal

Andrew Lavoott Bluestone writes that the statute of limitations in legal malpractice cases is often thought of as impervious. But what has always seemed to be a very strict and narrowly construed doctrine has recently admitted of a wide-open exception that may well come to swallow the rule over the years. The exception concerns law firm retainers with arbitration agreements.

By Andrew Lavoott Bluestone

10 minute read

September 10, 2015 | New York Law Journal

Andrew Lavoott Bluestone discusses a new and unprecedented rule that if an appeal of a malpractice event was reasonably likely to succeed, it must have been taken or the legal malpractice case is waived.

By Andrew Lavoott Bluestone

12 minute read

September 09, 2015 | New York Law Journal

Andrew Lavoott Bluestone discusses a new and unprecedented rule that if an appeal of a malpractice event was reasonably likely to succeed, it must have been taken or the legal malpractice case is waived.

By Andrew Lavoott Bluestone

12 minute read

April 09, 2015 | New York Law Journal

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.

By Andrew Lavoott Bluestone

11 minute read

April 08, 2015 | New York Law Journal

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.

By Andrew Lavoott Bluestone

11 minute read

September 25, 2014 | New York Law Journal

Andrew Lavoott Bluestone discusses the recent history of Judiciary Law §487 which until 2009 was thought of as a quirky subset of legal malpractice and a fringe theory of law, but the Court of Appeals decision in 'Amalfitano v. Rosenberg' gave such causes of action newfound recognition and acceptance.

By Andrew Lavoott Bluestone

11 minute read

July 22, 2014 | New York Law Journal

Andrew Lavoott Bluestone writes that legal malpractice is commonly said to be both a tort as well as breach of a retainer agreement contract. Whether it is a "tort" or a "contract" generally is decided by the nature of the damages sought. However, a closer look at whether legal malpractice is really a tort anymore raises questions.

By Andrew Lavoott Bluestone

11 minute read