ATTORNEY AND LEGAL SERVICES CAUSES OF ACTION
Types for Causes of Action:

I. ATTORNEY MALPRACTICE
Elements to prove:
- An attorney-client relationship must exist to perform a specific task;
- the attorney failed to exercise that degree of care, skill and diligence;
- commonly possessed and exercised by a member of the legal community;
- such negligence was a proximate cause of the loss in question, that requires a plaintiff to prevail on a claim for legal malpractice, to show
- but for the attorney’s negligence;
- the client would either have been successful in the underlying matter or would not have sustained; ascertainable damages; and
- actual damages were sustained.
II. ATTORNEY INCREASING INADEQUATE CONTINGENCY FEE
Elements to prove:
- you must rebut presumption that compensation is reasonable;
- make a threshold showing that under the circumstances of the case, the fee awarded pursuant to the schedule is inadequate;
- due to the extraordinary circumstances of the case; and
- the statutory fee is unreasonable.
Menu of Causes of Action in Law
- Causes of Action
- I. Fiduciary
- II. Attorney
- III. Banking
- IV. Constitutional
- V. Contract or Quasi-Contract
- VI. Corporate and Partnership
- VII. Damage Related
- VIII. Employer Employee
- IX. Equitable
- X. Family Matrimonial
- XI. Insurance
- XII. Judicial
- XIII. Real Property
- XIV. Statutory
- XV. Tort
- XVI. Trust Estate
- XVII. Defenses
III. CLAIM FOR ATTORNEY’S FEE
It is not recoverable in an action unless specifically provided for by statute or contract.
IV. JUDICIARY LAW §487 (ATTORNEY DECEIT)
Elements to prove:
- mere negligence or mis-advice is not sufficient;
- the deceit is directed at the court or a party, ongoing litigation, probable future litigation that is a “chronic” pattern or “extreme” deceptive practice, significant, long, and very demonstrable; and
- damages are approximately caused by the deceit or deceptive practice.
V. LEGAL FRAUD
Elements to prove:
- an act was done or omitted;
- amounting to positive fraud; or
- is construed as a fraud by the court because of its detrimental effect upon public interests and public or private confidence.
VI. LEGAL MALPRACTICE IN CRIMINAL CASES
Elements to prove:
- an attorney;
- failed to exercise;
- ordinary reasonable skill and knowledge;
- commonly possessed by;
- a member of the legal profession; and
- a plaintiff would have succeeded in the underlying action “but for” the attorney’s conduct;
- the attorney was the proximate cause of the conviction;
- the duty breach caused plaintiff “actual and ascertainable damages”—no non-pecuniary damages are recoverable; and
- plaintiff must be innocent.
the above is an abstract from the Encyclopedia of New York Causes of Action by Ernest Edward Badway, 2018 edition