Trademark Suit Dismissed - Client Blames Attorney For Not Disclosing How Bad It's Claim Was

On August 15, 2018, the appellate Court covering Queens County allowed a client's claim against it's former attorney to proceed on a theory that the attorney knew the client had no case and persuaded it to pay attorney's fees in a futile effort. The claim upheld was brought under the Judiciary Law Section 487 alleging that the lawyer was retained to prosecute a trademark violation which was dismissed because it was filed in the wrong federal court and that the statute of limitations had expired by the time their mistake was discovered. It was also claimed that the lawyer had "misrepresented the merits of the underlying action to them and to the order to induce the plaintiffs to retain the defendant's services to prosecute a meritless action and pay legal fees."

The legal malpractice, breach of contract and fraud claims against the attorney were dismissed, but the most lucrative claim alleging a violation of the Judiciary Law was upheld. A jury will decide whether these claims of intentional deceit are true or not. A prevailing plaintiff/client in a Judiciary Law Section 487 action is entitled to treble damages (triple the actual losses) and reimbursement of their attorney's fees incurred for suing their former attorney.  Bill Birds, Inc. v Stein Law Firm, P.C., 2018 WL 3863367

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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