FKB's A. Michael Furman and Joshua Sandberg obtain a defense verdict following a two week jury trial in Kings County Supreme Court in a legal malpractice action against a trusts and estates law firm. 4/11/11

FKB's client, a Nassau County law firm specializing in trusts and estates, was retained in March 2000 to assist the plaintiff, the sole trustee of a Hawaiian Trust, to administer the Trust. The trust assets were to be equally distributed between plaintiff and his brother. Litigation between the two siblings erupted in Hawaii, resulting in a Hawaiian proceeding whereby the plaintiff was sanctioned and ordered to file an accounting. After an accounting was not filed, as per the Hawaiian Court's orders, the plaintiff was stripped of his trusteeship, and the brother was installed as sole trustee of the Trust. The plaintiff claimed that FKB's client failed to protect his interests in the Hawaiian action, failed to properly administer the Trust, and allowed the Hawaiian Court to issues orders sanctioning him, awarding trustee commissions and penalties to his brother.

The plaintiff alleged legal malpractice and violations of Judiciary Law §487, on the grounds that FKB's client deceived the Hawaiian Court, the opposing counsel and the plaintiff as to the status of the trust distributions and compliance with the various Court orders. In defense of the action, FKB's Mike Furman and Josh Sandberg argued that the Nassau law firm acted appropriately at all times, and that the administration of the Trust was hampered by the sibling rivalry between the two brothers/beneficiaries.

The action was tried before a jury in Kings County Supreme Court, with Hon. Ellen Spodek, J.S.C. presiding. The case was tried over a two week period, and the jury returned a unanimous defense verdict.

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