Andrew Lavoott Bluestone

April 20, 2007 | New York Law Journal

Andrew Lavoott Bluestone, a solo practitioner in New York City, writes that one of the many wrinkles in legal malpractice, which in some ways is a body of law unto itself, is the defense of collectibility. Simply put, it is the defense that even if successful, plaintiff might not have been able to collect a hypothetical judgment from the defendant. In no other field of law is plaintiff required to prove that collection can be had at the end of litigation.

By Andrew Lavoott Bluestone

10 minute read

January 24, 2011 | New York Law Journal

Andrew Lavoott Bluestone writes that here is no subject closer to the hearts of attorneys, and no subject that engenders as much litigation, as the interplay of legal malpractice claims and attorney' fees.

By Andrew Lavoott Bluestone

11 minute read

July 18, 2006 | New York Law Journal

Andrew Lavoott Bluestone, a New York City sole practitioner, discusses the quirky and under-examined interplay between attorney fee disputes and collateral estoppel of a subsequent legal malpractice lawsuit, along with ways to avoid an unintentional loss of rights.

By Andrew Lavoott Bluestone

11 minute read

January 03, 2006 | Law.com

Deposing an attorney is never easy, but it can be especially challenging when that attorney is also a defendant in the case. Andrew Lavoott Bluestone, a solo practitioner concentrating in legal malpractice litigation, describes the statutory basis for deposing an attorney-defendant as an expert, the parameters of such questioning and the use to which the deposition may be put.

By Andrew Lavoott Bluestone

11 minute read

December 08, 2006 | New York Law Journal

Andrew Lavoott Bluestone, a New York City sole practitioner, writes that few actions require the complexity of analysis of legal malpractice in calculating the statute. To begin, it is not always clear when the clock begins to run. Several considerations govern when the statute starts. These include the date of the malpractice, continuing representation, and the maturing of an actionable injury. To further complicate the analysis there are equitable tolling and equitable estoppel.

By Andrew Lavoott Bluestone

10 minute read

January 27, 2010 | New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner, writes that recently, one Appellate Division case and two Supreme Court cases have challenged the "effectively compelled" principle - that legal malpractice claims are viable even after a settlement in the underlying action if that settlement was effectively compelled by counsel's mistakes - and in effect, turned it on its head.

By Andrew Lavoott Bluestone

11 minute read