Law Offices of Ronald C. Burke



Legal Malpractice Defendant Not Entitled To Client's Communications With Replacement Counsel

A federal court Judge Magistrate in Manhattan was asked to allow an attorney defending a legal malpractice claim, to learn what advice the new attorney gave to the client after he was replaced. The attorney was retained to assist the client in dispute's arising from the client's financing of life insurance policies. (This is particularly problematic when the replacement counsel also represents the client on the legal malpractice claim-which can result in a third party action against an attorney who wants to do it all.)

The Judge denied the motion on August 11, 2017 and explained why the defendant is not permitted to invade the attorney-client privilege: "Because Windsor (client) will not be relying on any communications with (replacement) counsel, it is the defendants' burden to show why the privileged material is so critical to their defense....Whether Windsor (client) and/or new counsel took appropriate actions to clean up their mess will be judged by the actions Windsor and its (replacement) counsel actually took, not based on the advice new counsel gave...." Windsor Securities v Arent Fox, 16-cv-01533 

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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