A Massachusetts resident has filed a lawsuit against two New York law firms and their attorneys, claiming legal malpractice and breach of contract for failing to meet professional standards.
Plaintiff Peter Kelman filed a complaint against Elliot J. Blumenthal, the Law Offices of Elliot J. Blumenthal, PLLC, J. Douglas Barics, and the Law Office of J. Douglas Barics. Kelman claims that he was initially represented by Meltzer, Lippe, Goldstein and Breitstone, LLP (M/L) before being abruptly dropped as a client in July 2020 after an incident involving offensive language in an email about his brother's child. This led to M/L suing Kelman for unpaid fees amounting to $30,887.13 and later seeking over $225,000 in attorney's fees incurred while representing themselves pro se.
Kelman engaged Blumenthal to represent him in this litigation. Despite paying a $10,000 retainer fee promptly, Kelman claims that Blumenthal failed to conduct necessary discovery or file an appeal that could have reinstated his defenses and counterclaims dismissed by Justice Steinman of Nassau County Supreme Court due to procedural missteps. The complaint accuses Blumenthal of negligence for not filing motions properly supported by legal provisions or seeking extensions on critical deadlines.
As the saga continued into 2023, Kelman sought advice from Barics regarding potential appeals after unfavorable rulings in the trial court. However, Barics allegedly abandoned communication after promising to draft and file an appeal notice on behalf of Kelman, leaving him without recourse as crucial deadlines passed unnoticed. Kelman claims substantial financial losses exceeding $200k due solely to inadequate representation throughout these proceedings.
Kelman is seeking compensatory damages totaling half-a-million dollars alongside interest costs incurred during attempts at mitigating harm caused by the defendants' alleged malpractice.
The plaintiff is represented by attorney Alexander E. Eisemann. The case was filed in the United States District Court for the Eastern District of New York under Case ID: 2:25-cv-02029.