In a society where the legal profession plays a crucial role, instances of malpractice, negligence, and breach of fiduciary duty by attorneys can have serious consequences. The case of Harry Dorvilier and Harry’s Nursery Registry Inc., against Kaufman Borgeest & Ryan, LLP., Jonathan D. Rubin, Esq., and other unidentified parties presents an alarming example of potential misconduct within the New York legal community.
The plaintiff, Harry Dorvilier, and his company, Harry’s Nursery Registry Inc., (HNR) engaged the services of the defendant, Kaufman Borgeest & Ryan, LLP (KBR), and Jonathan D. Rubin, Esq., to represent HNR in the wrongful death lawsuit of Mondesir v. Adebayo. The core of this case rested on the legal distinction between an independent contractor and an agent of HNR. If the involved nurse was deemed an independent contractor, HNR would not be liable for the nurse’s alleged actions leading to the infant’s death.
While HNR had strong evidence in favor of the nurse’s status as an independent contractor and a robust desire to defend their position, they found themselves in a pressured settlement situation fostered by their own representation. The defense attorneys from KBR, namely Jonathan D. Rubin, allegedly pressured Dorvilier into a pre-trial settlement conference that ultimately led to a coerced settlement of $1,000,000.
This situation puts into question the professional conduct of the defendants. They are accused of neglecting their client’s expressed wish to go to trial, acting aggressively to push for a settlement, and failing to prevent a conversation that resulted in extreme emotional distress and duress for Dorvilier.
Moreover, the defendants seemingly did not adequately protect their client from coercive tactics employed by the opposing counsel, culminating in an emotionally charged conversation between Dorvilier and the family of the deceased infant. This negligent representation led to a detrimental impact on HNR, substantially increasing their liability insurance premiums and costing them a hefty settlement.
The lawsuit against KBR and Jonathan D. Rubin comprises three causes of action: legal malpractice, breach of fiduciary duty, and breach of contract. This case puts a spotlight on the duty of care attorneys owe to their clients.
Legal malpractice is cited given that the actions of the defendants fell below the standard expected of competent practitioners, causing undue financial and emotional harm to Dorvilier and HNR. The breach of fiduciary duty pertains to the attorney’s obligation to act in the best interest of their client, which was allegedly not upheld in this case. The defendants were also accused of breaching their contractual obligations by failing to perform their duties in line with the retainer agreement.
This case underscores the importance of ethical conduct in the legal profession. Legal professionals are trusted advocates for their clients, and when that trust is compromised, it undermines the integrity of the justice system as a whole. It is crucial to remember that while lawyers may have competing interests in their pursuit of professional success, they are bound by a duty of care and loyalty to their clients above all else.
Law office of Shaevitz & Shaevitz