Recently I wrote of a Judiciary Law §487 case in the Northern District of New York that violently altered the basic understanding of the elements of this common-law cause of action. In the wake of that stunning Magistrate's report two other pillars of the Judiciary Law §487 world have fallen. “Judiciary Law 487 Suffers an Earthquake,” N.Y.L.J. (Sept. 20, 2017).

Truth and deceit are the two poles of human interaction. This is nowhere more revealed than in the client-patient-professional relationship. Humans willingly put their lives and fate in the hand of learned doctors and lawyers and suspend their normal distrust. So many times the work is good, often lifesaving. Sometimes, not.

Professionals have the superior knowledge upon which the public depends. Surgery, finances and trials all depend on learning, experience and some degree of talent. Dependence on superior knowledge is the basis of the fiduciary relationship. Clients and patients are in trouble or ill and need professional expertise. They surrender themselves to the experts.