Practice point: A client is not barred from a
legal malpractice action where there is a signed settlement of the
underlying action, if it is alleged that the settlement of the action
was effectively compelled by the mistakes of counsel.
Student note: For a claim for legal malpractice to be successful, a plaintiff must
establish both that the defendant attorney failed to exercise the
ordinary reasonable skill and knowledge commonly possessed by a member
of the legal profession which results in actual damages to a plaintiff
and that the plaintiff would have succeeded on the merits of the
underlying action but for the attorney's negligence.
Case: Angeles v. Aronsky, NY Slip Op 02454 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue:Medical malpractice, negligence, and nursing homes.
