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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 issue, we move to Part 3, concerning how [&hellip...
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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...
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Comments Off on Understanding & Securing the LLP Shield in New York (Part 2)
By Susan Fortney As Part 1 of this article suggested (see NYLER June 2015), many lawyers jumped on the limited liability partnership (LLP) bandwagon without fully appreciating the reach of the statute that enabled lawyers to practice in LLPs and the...
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Comments Off on Tinker, Tailor, Lawyer, P.I.: Are Your Workplace Investigations Complying with the Law?
How Attorneys Conducting Workplace Investigations Can Comply with N.Y.’s Private Investigator Law & Rules of Professional Conduct By Ronald C. Minkoff, Lindsay Harris, and Andrew Jacobs The recent high-profile trial in Ellen Pao vs. Kleiner...
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Comments Off on Understanding & Securing the LLP Shield in New York (Part 1)
By Goldy Gluzman & Susan Fortney Introduction “[T]he actions of a partner you don’t even know, working in an office on the other side of the country, could cost you your house and force your kids to go to public school.” See, Michael Orey, “The...
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Comments Off on When Case-Within-a-Case Method Helps Plaintiffs Prove Legal Malpractice
By Daniel L. Abrams Causation is an essential element in any legal malpractice case. When the plaintiff alleges that an attorney mishandled a lawsuit, in order to prove causation the plaintiff must prove that it would have prevailed in the underlying lawsuit....
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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part II
By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or Were Represented by Counsel” (NYLER April 2015), we explained the basic...
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