Diane K Kanca

Diane K Kanca

August 24, 2015 | New York Law Journal

Demystifying Legal Malpractice

Edward G. Warren and Diane K. Kanca write: The tort of legal malpractice is largely misunderstood. Too often, one attorney will decry another's conduct as being malpractice without understanding what actually constitutes actionable malpractice. Others wrongfully criticize the legal system as favoring attorneys by making the tort nearly impossible to prove. Again, this arises from a complete misunderstanding of what a cause of legal malpractice is, and what it is not.

By Edward G. Warren and Diane K. Kanca

13 minute read

August 21, 2015 | New York Law Journal

Demystifying Legal Malpractice

Edward G. Warren and Diane K. Kanca write: The tort of legal malpractice is largely misunderstood. Too often, one attorney will decry another's conduct as being malpractice without understanding what actually constitutes actionable malpractice. Others wrongfully criticize the legal system as favoring attorneys by making the tort nearly impossible to prove. Again, this arises from a complete misunderstanding of what a cause of legal malpractice is, and what it is not.

By Edward G. Warren and Diane K. Kanca

13 minute read

November 24, 2014 | New York Law Journal

'Grace v. Law' Sets New Standard in Legal Malpractice Cases

Howard S. Jacobowitz and Diane K. Kanca discuss the background of and decision in 'Grace v. Law', where the Court of Appeals held that failure of the plaintiff to appeal an underlying adverse ruling does not bar a subsequent legal malpractice claim, unless the attorney-defendant can prove that plaintiff would have been "likely to succeed" in his appeal.

By Howard S. Jacobowitz and Diane K. Kanca

9 minute read

August 27, 2012 | New York Law Journal

The Right to Conduct Expert Depositions

Diane K. Kanca and Howard S. Jacobowitz, partners at McDonough Law, write: New York does not permit expert depositions without a showing of "special circumstances," while the federal courts and 44 other states' courts permit the depositions of testifying experts as a matter of right.

By Diane K. Kanca and Howard S. Jacobowitz

9 minute read

April 16, 2012 | New York Law Journal

Timing of Expert Disclosure: A Moving Target

By Diane K. Kanca and Howard S. Jacobowitz

6 minute read