Legal Question in Legal Malpractice in New York

Legal Malpractice

Hi, I have a very complex Legal Malpractice case. It was thrown out because my present attorney was ''saving'' my expert witness for trial. Well the threw it out based on the lack of the witness. So I appealed the case, again they sasid no witness no case. I have a witness and have had a witness. I need case law citing Legal Malpractice where money has been stolen from an escrow account can go to trial without an experts testimony before having a trial. I just want a trial, I have one shot to reappeal this case. Thank you !


Asked on 3/19/08, 2:13 pm

1 Answer from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: Legal Malpractice

It is difficult to answer your question without further information. If you are saying that you lost the case because you were unable to call an expert witness, then you may have a claim for legal malpractice against your attorney.

It sounds like you are still litigating the case and you have a chance to appeal. Either way, I would need to know more information in order to assess the situation.

In addition, there are always deadlines looming. For example, if you have terminated the representation by the attorney who was "saving your expert for trial", the clock is likely ticking on any legal malpractice claims you may have and the Statute of Limitations for legal malpractice is three years.

It is important that you seek a qualified attorney as soon as possible.

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Answered on 3/19/08, 2:26 pm


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