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Comments Off on Non-Lawyer Practice & Access to Justice: The Upsolve Case
Sometimes lawsuits lead to the right result for the wrong reason. And sometimes, the reasoning doesn’t really matter: it is the result that counts. U.S. District Judge Paul Crotty’s May 24, 2022 decision in Upsolve, Inc. v. James, No. 22-cv-627 (S.D.N.Y.) (PAC) (“Upsolve”), is an example of both. Upsolve addresses – and approves – a...
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mhandelman •
Comments Off on ABA Formal Opinion 489 Limits Restrictions on Departing Partners
There’s important news for law firm leaders who have recently revised partnership and shareholder agreements to restrict partner departures. In ABA Formal Opinion 489, the ABA Standing Committee on Ethics and Professional Responsibility spells out new...
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mhandelman •
Comments Off on Frankfurt Kurnit Litigation Ethics Summit “Game Show”
To cap off the Second Annual FKKS Litigation Ethics Summit, Nicole Hyland (Partner), Amelia Brankov (Counsel), Tyler Maulsby (Counsel), and William Lawrence (Associate) challenged some brave audience members to participate in a contest of ethical wits. In a...
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mhandelman •
Comments Off on Aggressive Bargaining: The Legal and Ethical Boundaries of “Me Too”-era Settlements (at Frankfurt Kurnit’s Litigation Ethics Summit)
The second panel of the day focused on the ethical and legal limits of aggressive bargaining in the settlement context, with a special focus on settlements of harassment and discrimination cases in the “Me Too”-era. The panel featured plaintiff’s-side...
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mhandelman •
Comments Off on Protecting Your Fees: The Ethics of Fee Claims (at Frankfurt Kurnit’s 2019 Litigation Ethics Summit)
The first panel of the day focused on how fee disputes arise and how those disputes affect malpractice claims under New York law. The panel featured plaintiff malpractice attorney Daniel Abrams, ALAS Vice President—Senior Claims Counsel Kenneth Small, and...
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Comments Off on How to Lose Your Legal Fee, Part 3: Fee Disputes with Clients in Federal Court
By Ronald C. Minkoff More than a year ago, we embarked on a three-part series on “How to Lose Your Legal Fees.” Part 1, in our February 2016 edition, examined excessive fees, and Part 2, in our July 2016 edition, focused on legal fee forfeiture. In this...
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Comments Off on Practical Ethics Considerations for Lawyers Hired to Fix or Mitigate Another Lawyer’s Legal Malpractice
By Daniel L. Abrams When a client suffers a loss due to legal malpractice, the client will often fire the negligent lawyer and hire another one. This article will refer to such lawyers as “mitigation counsel” — lawyers hired to fix a legal problem which...
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Comments Off on Recent N.Y. Ethics Opinions: March/April 2017
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued November 2016. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions...
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Comments Off on Why the “Stock” Decision Is Wrong — And Why It Is Right
By Ronald C. Minkoff Like so many New York lawyers, I was happy when the First Department decided Stock v. Schnader Harrison, Segal & Lewis, LLP, 35 N.Y.S.3d 31 (1st Dept. 2016 (Stock). Indeed, I was probably happier: The First Department’s decision,...
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Comments Off on Virtually Unclear: Will Legal Tech Companies Bridge Justice Gap or Fall into UPL Abyss?
By Nicole I. Hyland and Tyler Maulsby In 1965, Norman F. Dacey published a book, How to Avoid Probate, which sold 600,000 copies in two years. New York Cty. Lawyers’ Assn. v. Dacey, 54 Misc.2d 564 (N.Y. Sup. Ct. 1967) affd. in part, modified in part, 28...
Ron Minkoff