Monday, May 5, 2014

An attorney's overzealousness and the Judiciary Law.

Practice point:  The Appellate Division determined that the allegations of tbe attorney's conduct in his representation of defendant during settlement discussions with plaintiff, which plaintiff characterizes as "overzealous and intimidating," do not state a cause of action under Judiciary Law § 487. The complaint alleges neither an intent to deceive nor a chronic and extreme pattern of legal delinquency that caused plaintiff a loss.

Student note:  In addition, the Appellate Division noted that the only allegations of wrongdoing refer to a settlement discussion had after the defendant commenced a legal proceeding, and that communication is absolutely privileged.

Case:  Wailes v. Tel Networks USA, LLC, NY Slip Op 02861 (1st Dept. 2014)

Here is the decision.

Tomorrow' issue: A worker's fall from a ladder, and a motion to compel discovery of plaintiff's medical records.