Legal Memorandum: Cases Related to the Liability of an Attorney

Issue: What New York cases relate to the liability of an attorney for events that occur after the attorney’s discharge?

Area of Law: Ethics & Professional Responsibility, Litigation & Procedure
Keywords: Liability of an attorney; Attorney's discharge; Cases
Jurisdiction: New York
Cited Cases: 49 A.D.2d 747; 237 A.D.2d 282; 372 N.Y.S.2d 698; 93 A.D.2d 923
Cited Statutes: None
Date: 05/01/2000

1.                  Hunt v. Kolken, 49 A.D.2d 747, 372 N.Y.S.2d 698 (2d Dep’t 1975)

Discharged attorney not responsible for subsequent events after file was forwarded to new attorney.

2.                  Carey v. Campbell, 93 A.D.2d 923, 462 N.Y.S.2d 331 (3d Dep’t 1983)

Attorney’s liability ended upon discharge; quotes Hunt.

3.                  Volpe v. Canfield, 237 A.D.2d 282, 654 N.Y.S.2d 160 (2d Dep’t 1997)

Attorney not liable after discharge.


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