Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim

On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LLP, 2016 NY Slip Op. 05041, affirming the dismissal of a claim for legal malpractice on summary judgment on several grounds, including that:

the violation of a disciplinary rule, without more, is insufficient to support a legal malpractice cause of action [and because] plaintiff cannot prove that she suffered damages that were proximately caused by defendants' alleged misconduct, her cause of action must be dismissed.

(Internal quotations and citations omitted).

We both bring and defend professional malpractice claims and other claims relating to the duties of professionals such as lawyers, accountants and architects to their clients. Contact Schlam Stone & Dolan partner Erik Groothuis at egroothuis@schlamstone.com if you have questions regarding such claims or appeals of such claims.