A Previous Appeal, A Retaining Lien and Dismissal in Legal Malpractice
Here is a short, pungent and dispositive decision by the Appellate Division, Second Department in Zito v Fischbein Badillo Wagner Harding ; 2011 NY Slip Op 00285 ; Decided on January 20, 2011 Appellate Division, First Department.
We've seen a "charging lien" utilized as res judicata against a subsequent legal malpractice case, but the use of a "retaining lien" is much more rare. Presumably, there was litigation in which the Court also determined that fees were actually due to the law firm, and not simply that the law firm had the right to retain files pending a later determination.

What is the Statute of Limitiations in Legal Malpractice?
The question of whether there is a different statute of limitations for fraud or breach of contact when dealing with attorneys often arises. After all, it is a 6 year statute everywhere, is it not? The short answer is "no" and the longer answer is that the legislature gave attorneys special protection. After the Court of Appeals permitted a 6 year statute for breach of contract against attorneys, the legislature closed the "loophole". Now the rule is bright-line: 3 years.
In Tsafatinos v Lee David Auerbach, P.C. ; 2011 NY Slip Op 00503 ; Decided on January 25, 2011Appellate Division, Second Department we see the outcome.

How Much Can You Get Away With in Legal Malpractice
This disciplinary proceedings makes for a shocking read. This attorney went from a successful practice, to a legal malpractice claim, to a huge judgment against him in Federal Court, to the twists and turns which led to incarceration. Why? Because of a lie in a resume. in Matter of Dorfman ;2011 NY Slip Op 00440 ;Decided on January 27, 2011 ;Appellate Division, First Department ;Per Curiam we see what happens when an attorney doesn't want to pay a judgment. Eventually he reduces the payment to $50,000 but look what he ended up doing.

Twice Reversed and Continuing in Legal Malpractice
Cruciata v Mainiero ;2011 NY Slip Op 50066(U) ;Decided on January 14, 2011 ;Supreme Court, New York County ;James, J. is a very interesting example of the premise that if you keep showing up and keep at it, a better result may very well follow. In this case, a matrimonial action, plaintiff was awarded a divorce and some equitable distribution after a settlement. She perservered and won reversal of the stipulation in the AD. She went back and basically doubled her equitable distribution.

In the meanwhile, her legal malpractice case was dismissed, and again, she went to the AD, who, again, reversed Supreme Court. Now, she perserveres through a motion for summary judgment.

The Blustone Law Firm is a legal malpractice firm in New York City. Andrew Lavoott Blustone, principal of The Bluestone Law FIrm is a frequent blogger and contributor to the Lawline.com blog in the areas of legal malpractice and attorney misonduct.  Mr. Bluestone is also lecturer in one of Lawline.com's top-rated courses "Legal Malpractice Litigation."