Legal Malpractice

This matter concerns the allocation of attorney’s fees in an underlying personal injury action. The case was initially handled by one set of counsel for a period of 29 months before successor counsel substituted in. Approximately 20 months later, the matter resolved at mediation. After settlement, the settlement draft required endorsement and funds were temporarily held in trust. While most of the claimant’s share was ultimately released, the distribution of attorneys’ fees between prior and successor counsel remained unresolved. Successor counsel sought declaratory relief regarding entitlement to fees and interest on the funds that had been held. During arbitration, the proceedings were impacted by nonpayment of arbitration fees and limited participation in pre-hearing activity, resulting in default.

Judge Rosen handled approximately a dozen such cases of five and six figure values, based upon allegations of failures to comply with the statute of limitations, failures to properly advise of rights when rejecting a case, or failures to obtain appropriate results. He presided over a two-week jury trial of a legal malpractice case where failure to advise and fraud were alleged. He has mediated several legal malpractice cases, including, inter alia, a case arising out of a family law matter, and a case arising out of a medical malpractice matter.