Andrew Lavoott Bluestone

March 09, 2009 | New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner in New York City, writes: Judiciary Law §487 is one of the few profession specific statutes. It is a mixed criminal and financial penalty law targeting only attorneys. Given its 740-year history, the absolute number of cases has been small. It appears that cases alleging violation of the statute are trending higher, and that courts seem more likely now than in the past to look seriously at its use.

By Andrew Lavoott Bluestone

11 minute read

February 22, 2006 | New York Law Journal

Andrew Lavoott Bluestone, a solo practitioner in New York City, reviews the issues arising from an attorney's termination, both for and without cause, including quantum meruit, out-of-pocket expenses, retaining and charging liens, disbursements, and the difference between termination for cause and attorney malpractice.

By Andrew Lavoott Bluestone

10 minute read

June 04, 2009 | New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner in Manhattan, writes: Litigation is a back and forth set of tasks, requiring one side or the other to move forward, respond, or allow the litigation to end. The timing and performance of each step requires a response, and in its absence permits a potential dismissal. Remedies are available, and the skilled practitioner must understand both the problem and its solution. No remedy will be successful in all instances, but in almost every situation an affidavit of merits, with evidentiary support is preferred or necessary. Of course, in each case, a timely response or appearance eliminates any need for remedy.

By Andrew Lavoott Bluestone

9 minute read

June 08, 2010 | New York Law Journal

Andrew Lavoott Bluestone writes that practitioners can expect to see more decisions that start to explore the outer limits of 487 coverage, and the extent to which attorney deceit will be pursued.

By Andrew Lavoott Bluestone

10 minute read

December 28, 2005 | New York Law Journal

Andrew Lavoott Bluestone, a solo practitioner in New York City, writes that many aspects and doctrines of attorney malpractice arise from medical malpractice practice. "Continuous representation" is one well-known example; the rules for deposing a defendant attorney in his own case is another.

By Andrew Lavoott Bluestone

11 minute read

January 22, 2008 | New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner in New York City, writes that in legal malpractice actions, communications with the attorney being sued are always waived. Whether communications with other attorneys are waived, and whether work-product of those other attorneys may be compelled, turns on whether plaintiff put those communications at issue.

By Andrew Lavoott Bluestone

11 minute read

October 08, 2010 | New York Law Journal

Andrew Lavoott Bluestone writes: In the last several years, discovery of electronically stored information has taken center stage in litigation. Not only has the case law prompted these changes, but courts themselves are both reacting to and prompting change. What is electronically stored information and how might it and its discovery lead to claims of legal malpractice?

By Andrew Lavoott Bluestone

10 minute read

October 14, 2008 | New York Law Journal

Attorney Andrew Lavoott Bluestone writes that how the district courts and state trial courts will react to a recent Second Circuit holding is to be seen, hoever, the strong wording of the decision and the stunning double reversal argue for a seismic change in analysis of the strategic or tactical decision making defense.

By Andrew Lavoott Bluestone

11 minute read

July 15, 2011 | New York Law Journal

Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, writes that change in the law usually comes incrementally, but recently seismic change came in the form of a Court of Appeals decision dealing with legal malpractice and privity, changing the way in which we look at estates and trusts.

By Andrew Lavoott Bluestone

11 minute read

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