
A: A recent Appellate Division case raises the prospect that a release -- alone -- may not foreclose your malpractice action if you believe your attorney may have made an error. However, generally speaking, it would appear that signing a release and settling a case pretty much would put an end to your malpractice case, nowtwithstanding this case. After all, how can you make a claim after you effectively stated in writing that you are ok with the money settlement? Its almost like saying you are not happy with a written contract after you signed it. I would imagine that one would need to show some kind of fraud -- which is almost impossible to do -- in order to be successful in this type of situation.
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