$22M Legal Malpractice Case Set For September Trial - No Experts Allowed at Jury Trial

On August 1, 2018, Justice O.Peter Sherwood of the New York County Supreme Court ruled that legal experts were unnecessary and would not be allowed from either determine whether a law firm committed legal malpractice. The client claims that the attorney was negligent for failing to memorialize an agreement to cap fees charged by an investment bank for services related to a corporate proxy fight. The client claims that its attorney was negligent in preparing a writing that was supposed to limit the investment bank's fees to $2 million. The client is seeking $22 million in damages from the law firm. Justice Sherwood observed that none of the issues to be tried "involve matters outside the ken of the typical juror." 

According to Justice Sherwood, if the jury believes the client was verbally warned by its attorney that the fee agreement with the investment bank did not include a cap on fees, the law firm will prevail. Alternatively, if the jury believes the client's version of events: "the failure of Cadwalader (attorney) to memorialize the parties' agreement is prima facie proof of professional malpractice." The trial has been scheduled to start with jury selection on September 26, 2018.  Red Zone LLC v Cadwalader, Wickersham & Taft LLP, Index No. 650318/11

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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