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Gale v. Abramowitz is a fact pattern that comes up quite often – a lawyer makes an error and the error is eventually corrected. What damages did the client sustain? In this case the damages are the legal fees incurred to fix the error.

Pamela Gale hired the Abramowitz defendants to represent her in post-judgment divorce proceedings, where she was trying to collect her share of profit distributions under a postnuptial agreement. She claims her lawyers botched the job by failing to put into evidence the tax documents her own expert had relied on. Because those documents weren’t in the record, the referee awarded her less than the full amount she was owed. She then had to hire new lawyers, who—after more motion practice and a hearing—won her the full distribution she should have gotten in the first place.

Gale then sued her original lawyers for malpractice, seeking as damages the legal and expert fees she had to spend fixing their mistake. The trial court dismissed her complaint, but on June 2, 2026, the First Department unanimously reversed and reinstated the case.

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Stewart v. Brill & Fishel, 2026 IL App (1st) 240056-U

This is an unpublished Illinois First District Appellate Court decision issued May 12, 2026, reversing a circuit court grant of summary judgment in a legal malpractice case.

Background. Plaintiff Ricky Stewart was injured in 2017 when he fell while working in a Jewel grocery warehouse, suffering a herniated cervical disc that required surgery. He retained attorney Francine Fishel of Brill & Fishel, P.C. to pursue a workers’ compensation claim against Jewel. Following an arbitration hearing, the arbitrator denied Stewart all benefits, finding he failed to prove both that his injury arose out of his employment and that a causal connection existed between his fall and his injuries. Stewart then sued Fishel for legal malpractice, alleging she committed several critical errors in handling his case.

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Courts are consistent that a legal malpractice plaintiff must have an expert witness to bring a legal malpractice claim. This is a barrier to brining malpractice claims, but it makes sense given that the jury must be informed of the standard of care. If you intend to bring a claim against your lawyer, make sure that you have considered this cost before the case begins.

Harooni v. Law Offices of David S. Lin (Cal. Ct. App., 2d Dist. 2026)

Overview

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Merrifield v. ATS Advisors, Michigan Supreme Court (March 6, 2026)

Background

Plaintiffs Nick Merrifield and Merrifield Machinery Solutions sued ATS Advisors, James Sullivan, and Shane Randell for accounting malpractice and sought to recover attorney fees as an element of their damages. The Oakland Circuit Court dismissed that claim, and the Court of Appeals affirmed, holding that the American rule barred recovery of attorney fees as damages.

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Malpractice cases arising out of litigation matters always involve some sort of claim involving the underlying case. This is one such case where the plaintiff claimed that its lawyers negligently waived a defense it had to an underlying claim. The trial court dismissed the complaint but the Appellate Division reinstated it.  Park West is claiming that in the underlying personal injury case its lawyers should have raised the defense that Ms. Rivera was an independent contractor, not an employee. If she was an independent contractor, Park West would not have been liable for the car accident in the underlying case. (We don’t know whether or not this is true. We only know what Park West alleged in its malpractice complaint. The complaint is merely allegations and has not been proven.) Still the case is interesting. If you have a question or suspect you were a victim of malpractice, do not hesitate to call us. Ed Clinton, Jr.

Park West Executive Services, Inc. v. Gallo Vitucci & Klar, LLP

2026 NY Slip Op 00428 | App. Div., 1st Dept. | Decided January 29, 2026

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Kuzar v. Spar & Bernstein, 2026 NY Slip OP 50173, is a decision dismissing a legal malpractice action on the ground that the complaint did not allege sufficient facts to show that, but for the lawyer’s alleged error, the plaintiff would have won the underlying case.

The plaintiff, Juraj Kuzar, sued his former lawyers, Spar & Bernstein, for:

  • Legal malpractice
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Eagle Ridge Subdivision, Inc. v. Ott & Associates Co., LPA

Leonard Slodov, a homeowner and former treasurer of Eagle Ridge Subdivision homeowners association, sued the law firm Ott & Associates for legal malpractice. Slodov had served on the association’s board for 12 years until allegedly being improperly removed in 2021. After his removal, Ott & Associates (representing the association) filed a lien and foreclosure action against Slodov for unpaid dues. Slodov then filed this malpractice suit both individually and purportedly on behalf of the association.

The opinion sets out the key facts in these two paragraphs:

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Campbell v. Law offices of Solomon Rosengarten, 241 A.D.3d 771 (2025), 238 N.Y.S.3d 679, 2025 NY Slip Op 04700, is a decision of the Appellate Division of the Supreme Court of New York reinstating a legal malpractice claim that the trial court had dismissed as time-barred. The explanation:

In 2016, Campbell executed a consent to change attorneys form and filed it in the Supreme Court, Kings County. Campbell then moved in the Supreme Court to restore the action to the active calendar, for summary judgment on the issue of liability, and for leave to file a note of issue. In an order dated November 22, 2017, the motion was denied without prejudice to refile in the Civil Court, Kings County. Campbell then moved in the Civil Court to restore the action to the active calendar and for summary judgment on the issue of liability. In an order dated December 10, 2019, the Civil Court denied the motion (hereinafter the Civil Court order).

In January 2020, Campbell commenced this action, inter alia, to recover damages for legal malpractice. The defendants moved, among other things, pursuant to CPLR 3211(a) to dismiss the cause of action alleging legal malpractice as time-barred. In an order dated May 25, 2023, the Supreme Court, inter alia, granted that branch of the motion. Campbell appeals.

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