Dispositive Motions by Legal Malpractice Defendants
New York Law Journal
December 11, 2012

Because legal malpractice claims allege negligence, some attorneys may have a misconception that such actions are rarely dismissed pretrial. In fact, however, a motion to dismiss or for summary judgment can be a powerful vehicle for obtaining summary dismissal of claims.

In this article, Steve Caley, partner and firm counsel of Kelley Drye, summarizes some of the more common grounds for dispositive motions by defendants in legal malpractice cases in New York. He writes, “…where a motion makes sense, it can be an effective means of not only winning the case, but also avoiding the substantial costs of trial and, in the case of a successful pre-answer motion to dismiss, the costs of discovery and other pre-trial proceedings as well.