Andrew Lavoott Bluestone

November 26, 2013 | New York Law Journal

Manhattan sole practitioner Andrew Lavoott Bluestone writes: Calculating the onset and length of the legal malpractice statute of limitations is enormously complex. To begin, it is not always clear when the clock starts to run. Several considerations govern that calculation. These include the date of the mistake, whether that mistake immediately causes problems, continuing representation, and the maturing of an actionable injury. To further complicate the analysis there is equitable tolling and equitable estoppel.

By Andrew Lavoott Bluestone

11 minute read

December 27, 2011 | New York Law Journal

Andrew Lavoott Bluestone, an attorney in Manhattan, specializing in legal malpractice litigation, 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 prosecuted.

By Andrew Lavoott Bluestone

11 minute read

October 02, 2012 | New York Law Journal

Andrew Lavoott Bluestone, a Manhattan attorney, discusses some aspects of what expert testimony is admissible, what testimony is permissible, and what testimony is persuasive in legal malpractice litigation.

By Andrew Lavoott Bluestone

11 minute read

June 13, 2013 | New York Law Journal

Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, writes that all too often, attorney defendants are directed not to answer "expert" questions put to them. This is defendant's default deposition position. But the common belief that a defendant attorney need only give factual answers is misplaced.

By Andrew Lavoott Bluestone

12 minute read

August 14, 2013 | New York Law Journal

Manhattan attorney Andrew Lavoott Bluestone discusses the ending of the relationship by an attorney or by a client, what constitutes good cause in each situation, the fees an attorney may be owed and the retaining and charging liens used to ensure collection of those fees.

By Andrew Lavoott Bluestone

11 minute read

April 01, 2013 | New York Law Journal

Manhattan attorney Andrew Lavoott Bluestone writes: The take-away from the question of judgment versus departure is that there is little consistency in this highly fact-based yet subjective area. What is a clear departure from good and accepted standards to one court is a strategic sally, and not actionable, to a different court. Which of the two polar opposite outcomes is reached is itself a judgment call.

By Andrew Lavoott Bluestone

11 minute read

November 27, 2012 | New York Law Journal

Andrew Lavoott Bluestone, a solo practitioner, writes that there is little realistic exposure to the attorney in deciding whether to participate in post-conviction efforts to overturn wrongful convictions.

By Andrew Lavoott Bluestone

11 minute read

June 03, 2008 | New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner, writes that, in a sharp departure from precedent, a recent Second Department ruling represents a wholly new analysis of the "but for" question in legal malpractice, which the bar must examine.

By Andrew Lavoott Bluestone

10 minute read

January 23, 2013 | New York Law Journal

Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, discusses a novel defense in malpractice actions arising from matrimonial cases: that the client's often naive statement that he or she is satisfied with the conduct of counsel at an on-the-record settlement immunizes the attorney.

By Andrew Lavoott Bluestone

11 minute read

May 21, 2012 | New York Law Journal

Andrew Lavoott Bluestone, a Manhattan attorney specializing in legal malpractice litigation, writes that given the significance of the money division between the spouses which may comprise their entire net worth, the extreme emotional nature of the proceedings, and stringent statutory structures for the attorney-client relationship, matrimonial judgments are frequently the subject of legal malpractice scrutiny.

By Andrew Lavoott Bluestone

11 minute read