3. On or about October 11, 1994, defendant commenced the malpractice action on our behalf in the Supreme Court, New York County, under Index No. 128682/94 (RALPH H. SPEKEN and STEPHANIE Z. SPEKEN, as Co-Administrators of the Estate of SETH B. SPEKEN, deceased, and RALPH H. SPEKEN and STEPHANIE Z. SPEKEN, Individually v. COLUMBIA PRESBYTERIAN MEDICAL CENTER, et al)(the "Medical Malpractice Action").

            4. In March 1996, Columbia Presbyterian obtained an order permitting it to bring a counterclaim against plaintiff Ralph Speken for indemnification and/or contribution based upon his alleged malpractice in the treatment of our son. Based upon what we later learned was defendant’s misrepresentation that he could not represent Ralph Speken on the counterclaim, defendant engaged Clare Pare, Esq., to represent Ralph Speken on the counterclaim. We signed a retainer agreement with Ms. Pare providing for a contingent fee of 25% of the net proceeds received from the wrongful death action, after payment of defendant’s attorney’s fees for prosecution of the Medical Malpractice Action.

            5. On or about June 14, 1999, defendant informed us by telephone that he and Richard Frank, Esq., were going to pick a jury. Thereafter, defendant informed us that the trial had been postponed to June 21, 1999. On or about June 21, 1999, defendant informed us that Mr. Frank had a "bad back" and that jury selection had to be postponed. On or about June 24, 1999, defendant informed plaintiffs by telephone that Mr. Frank is "out of the case, and it’s a good thing" that he is.

            6. Shortly thereafter, we received a letter from Mr. Frank in which he stated that he was withdrawing and/or resigning from the Medical Malpractice Action.
            7. On or about June 28, 1999, defendant informed us that the Trial
Click for Previous Page
Click for Next Page (3/20)
Click for Legal Malpractice Lawsuit