Search for: "Britt v. Legal Aid Socy."
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9 Jun 2011, 1:00 am
Sgambelluri v Ironman ; 2010 NY Slip Op 08555 ;Decided on November 16, 2010 ;Appellate Division, Second Department sums this rule up nicely: "To succeed on a "cause of action for legal malpractice arising from negligent representation in a criminal proceeding, [the] plaintiff must allege his innocence or a colorable claim of innocence of the underlying offense" (Carmel v Lunney, 70 NY2d 169, 173; see Britt v Legal… [read post]
24 Nov 2010, 2:59 am
Sgambelluri v Ironman ;2010 NY Slip Op 08555 ;Decided on November 16, 2010 ;Appellate Division, Second Department sums this rule up nicely: "To succeed on a "cause of action for legal malpractice arising from negligent representation in a criminal proceeding, [the] plaintiff must allege his innocence or a colorable claim of innocence of the underlying offense" (Carmel v Lunney, 70 NY2d 169, 173; see Britt v Legal… [read post]
28 Sep 2022, 2:06 am
Plaintiff must also “show that the attorney was the proximate cause of his or her conviction” (Britt v Legal Aid Socy., 95 NY2d 443, 446 [2000]; see Dombrowski v Bulson, 19 NY3d 347, 350-351 [2012]). [read post]
13 Oct 2011, 2:24 pm
Thus, while it is clear that a plaintiff-client must prove negligence (i.e., that the defendant-attorney failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by members of the legal community), some cases hold that the negligence must be "the" proximate cause of damages (Britt v Legal Aid Socy., 95 NY2d 443, 446 [2000]; see e.g. [read post]
31 Dec 2010, 2:58 am
In our view, a cause of action for criminal legal malpractice is analogous to causes of action for false arrest and malicious prosecution, both of which allow recovery for the plaintiff's loss of liberty resulting from the plaintiff's wrongful incarceration (see Strader v Ashley, 61 AD3d 1244, lv dismissed 13 NY3d 756; Lynch v County of Nassau, 278 AD2d 205; see generally Britt v Legal Aid Socy., 95 NY2d 443, 448). [read post]
14 Sep 2009, 4:35 am
Thus, while it is clear that a plaintiff-client must prove negligence (i.e., that the defendant-attorney failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by members of the legal community), some cases hold that the negligence must be "the" proximate cause of damages (Britt v Legal Aid Socy., 95 NY2d 443, 446 [2000]; see e.g. [read post]
1 Jun 2012, 3:30 am
For malpractice actions arising from allegations of negligent representation in a criminal matter, the plaintiff must have at least a colorable claim of actual innocence — that the conviction would not have resulted absent the attorney's negligent representation (see Britt v Legal Aid Socy., 95 NY2d 443, 446-447 [2000]). [read post]
5 Jan 2022, 3:40 am
The termination of a criminal proceeding is relevant for claims for malicious prosecution and legal malpractice arising out of a criminal proceeding (see Britt v Legal Aid Socy., 95 NY2d 443, 445-448 [2000]). [read post]
