Court explores the balance between a lawyer’s obligation to investigate the facts, and a lawyer’s reliance on what the client chooses to disclose or not disclose

By Viktoriya Liberchuk on March 9, 2021

Posted in Attorney-Client Relationship, Malpractice, Motions

Pursuant to Part 130 , attorneys are obligated to undertake an investigation of a case. But is an attorney responsible for ignorance of facts which the client neglected to disclose? “No,” says the Commercial Division.

In a recent decision by Justice Andrew Borrok, the Commercial Division discussed this very issue. In Morgan and Mendel …

Legal Malpractice: Attorneys Cannot Be Blamed for Client’s Bad Decisions

By Farrell Fritz P.C. on March 26, 2020

Posted in Attorney-Client Relationship, Liability, Malpractice

Winning at the blame game is difficult to do. This holds especially true where the “blame game” is actually a claim for legal malpractice.

In a recent decision, the First Department affirmed Justice Sherwood’s Orders, which granted defendants’ motions to dismiss the complaint against them. In Binn v. Muchnick, Golieb & Golieb, P.C.,…