Anita Bernstein

November 23, 2015 | New York Law Journal

Anita Bernstein writes: Today we take a look at the most important legal malpractice provision found in the Judiciary Law: Section 487. In principle—though, as we will see, not too often in practice—§487 provides for damages to persons who attribute financial loss to attorney misconduct.

By Anita Bernstein

9 minute read

October 30, 2015 | New York Law Journal

Anita Bernstein writes: Any lawyer who chooses to go into New York matrimonial practice probably heard an advance warning or two about its pitfalls. Emotional clients, manipulative adversaries, intra-family pain, court procedures that look Byzantine from the outside, accusations and fee fights are among the drawbacks of this work that risk-averse counselors continue to mention to peers and the next generation.

By Anita Bernstein

9 minute read

October 29, 2015 | New York Law Journal

Anita Bernstein writes: Any lawyer who chooses to go into New York matrimonial practice probably heard an advance warning or two about its pitfalls. Emotional clients, manipulative adversaries, intra-family pain, court procedures that look Byzantine from the outside, accusations and fee fights are among the drawbacks of this work that risk-averse counselors continue to mention to peers and the next generation.

By Anita Bernstein

9 minute read

September 17, 2015 | New York Law Journal

Anita Bernstein examines legal malpractice claims from the past five years of Appellate Division cases to show the lapses of diligence, expert witness errors and failures to communicate that caused clients to forfeit the value of their claims, and gave them the chance to recover damages from their attorneys.

By Anita Bernstein

10 minute read

September 16, 2015 | New York Law Journal

Anita Bernstein examines legal malpractice claims from the past five years of Appellate Division cases to show the lapses of diligence, expert witness errors and failures to communicate that caused clients to forfeit the value of their claims, and gave them the chance to recover damages from their attorneys.

By Anita Bernstein

10 minute read

August 11, 2015 | New York Law Journal

Anita Bernstein writes: Legal malpractice cases have always been hard to win in New York...but when plaintiffs are real estate clients, they fare a bit better. A look at real estate malpractice claims in the Appellate Division over the last five years reveals nine patterns that are worth knowing about.

By Anita Bernstein

10 minute read

August 10, 2015 | New York Law Journal

Anita Bernstein writes: Legal malpractice cases have always been hard to win in New York...but when plaintiffs are real estate clients, they fare a bit better. A look at real estate malpractice claims in the Appellate Division over the last five years reveals nine patterns that are worth knowing about.

By Anita Bernstein

10 minute read