Legal Question in Legal Malpractice in New York

Affidavits

If a lawyer fails to file an affidavit on behalf of a client attesting to his/her personal knowledge of the information in a motion, and the motion subsequently gets denied because there was no affidavit, can that constitute legal malpractice? Is there any case law on this subject?


Asked on 6/02/06, 10:52 am

1 Answer from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Affidavits

Yes, it is malpractice and yes there is case law on the subject. However, it would be necessary to conduct legal research to find specific cases.

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Answered on 6/05/06, 6:26 pm


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