Introduction Legal malpractice occurs when an attorney breaches their duty of care, resulting in harm to their client’s interests. Proving legal malpractice in New York State requires establishing four essential elements, each of which must be meticulously supported by evidence and legal expertise. This article will outline the steps and…
Articles Posted in Legal Malpractice
MICHAELS & SMOLAK HAS CHANGED! (and other news)
It’s been quite a while since this Central New York Injury Law blogger has posted anything. In fact, almost a year. It was a busy year and blogging gave way to serving our clients’ pressing needs, always our number 1 priority. But to quote Arnold Schwarzenegger (sort of), “we’re back!”…
M&S Attorney Mike Bersani Named “Lawyer of the Year” for His Representation of Victims of Professional Malpractice in the Syracuse Metropolitan Area
Hello there blog readers! This is Dave Kalabanka, Mike Bersani’s partner. I’ve hijacked his blog for today to interview Mike about another important award he just got: Mike has been selected the 2022 “Lawyer of the Year” for the Syracuse metropolitan area in the field of “professional malpractice” for his outstanding…
CNY Injury Lawyer is Ready to Argue Another Legal Malpractice Appeal
I am arguing an appeal tomorrow. I am writing this blog post during a “break” in my preparation. Let me tell you about the appeal, and how I am preparing to argue it. First, it’s a big case. We have sued for more than $8,000,000. Our client is a wealthy…
Syracuse Legal Malpractice Lawyer Discusses How to “Toll” the Statute of Limitations in Legal Malpractice lawsuits
My law firm is one of the few – if not the only – law firm in the Syracuse area whose case load includes a significant amount of legal malpractice cases. Unlike some firms, we are not afraid to sue our colleagues when they “mess up”. Here I am going…
CNY Personal Injury Lawyer Explains How to Argue an Appeal
Even though I write all the appellate briefs and argue all the appeals for my office, and even though I have been blogging about New York personal injury issues for almost a decade, and even though I spent two years clerking for an appellate court (Fourth Department in Rochester) before…
Why We Read The New York Jury Verdict Reporter
Here at Michaels Bersani Kalabanka, on any given day, you are likely to find, on our attorneys’ desks, piles of dog-eared, highlighted, and marked-up volumes of the New York Jury Verdict Reporter. The Reporter summarizes jury verdicts on a weekly basis from around New York State. (Actually, this publication is…
Top 9 Most Common Ways For A NY Personal Injury Lawyer To Commit Legal Malpractice
We lawyers at Michaels Bersani Kalabanka have been around the block a few times. Collectively the four of us have clocked in over 100 years of experience as New York personal injury lawyers. But even after all those years, we’ve never been sued — not even once — for legal…
“Treat’m Right And They Won’t Sue Ya”: CNY Injury Lawyer Advice To MD’s (And JD’s)
Yet another study, reported yesterday in the New York Times, indicates that so called “defensive medicine” — ordering extra tests and performing extra procedures in an attempt to avoid getting sued for malpractice — doesn’t reduce the number of lawsuits. What does drastically reduce medical malpractice claims (besides being a…
New New York Rule Requires Lawyers to Redact or Omit Identifying Information From Court-Filed Papers.
New York State has a new rule — §202.5[e] of the Uniform Civil Rules of the Supreme and County Courts — requiring attorneys to omit or redact “confidential personal information” from court-filed papers. The “confidential personal information” includes social security numbers (except the last four digits), the dates of birth…