Legal Question in Legal Malpractice in New York

It was found that an attorney retained as the plaintiff expert witness had been himself sued in a similar legal malpractice case and I had to hire a new attorney as an expert. He is still defending his position in the lawsuit against him therefore contradicts his potential testimony as the plaintiff expert in my lawsuit. He did not disclose his lawsuit when we entered into the retainer agreement, yet he refuses a refund of any part of the flat fee I paid. Does this nondisclosure amount to an ethical violation or a consumer fraud? What recourse is available for me?


Asked on 7/23/09, 11:59 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

You are right. This is a conflict and the attorney potentially committed malpractice. If you would like to discuss this matter in depth. Please tell me the following a) the nature of your underlying case b) the facts of the underlying case c) how much you paid for legal services and d) what other damages you may have suffered. With this information I can guide you in the write direction. Please look at my contact information and respond via email or a phone call.

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Answered on 7/28/09, 12:26 pm


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