Outside Counsel

Avoiding Legal Malpractice: Dismissals and Their Remedies

, New York Law Journal

Andrew Lavoott Bluestone, a sole practitioner in Manhattan, writes: Litigation is a back and forth set of tasks, requiring one side or the other to move forward, respond, or allow the litigation to end. The timing and performance of each step requires a response, and in its absence permits a potential dismissal. Remedies are available, and the skilled practitioner must understand both the problem and its solution. No remedy will be successful in all instances, but in almost every situation an affidavit of merits, with evidentiary support is preferred or necessary. Of course, in each case, a timely response or appearance eliminates any need for remedy.

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