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Posts Tagged ‘Fees’

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    How to Lose Your Legal Fee, Part 2: Legal Fee Forfeiture

    NYLER ArchiveComments Off on How to Lose Your Legal Fee, Part 2: Legal Fee Forfeiture

    By Ronald C. Minkoff   In our February 2016 edition, we published the first of a three-part series of articles on “How to Lose Your Legal Fees.” That article examined excessive fees, focusing on how the interplay between New York Rule of Professional...

  • Court Denies Referral Fee to No-Show Lawyer

    NYPRR ArchiveComments Off on Court Denies Referral Fee to No-Show Lawyer

    By Lazar Emanuel [Originally published in NYPRR April 2010]   Instinctively, the draftsmen of our ethical rules and standards have been reluctant to recognize or confirm the right of a lawyer to collect an unearned referral fee. an unearned referral fee...

  • Court to Law Firm: No Letter of Engagement, No Fee

    NYPRR ArchiveComments Off on Court to Law Firm: No Letter of Engagement, No Fee

    By Lazar Emanuel [Originally published in NYPRR June 2003]   Describing his decision as the first he could find construing the new provisions of 22 NYCRR 1215.1 and 1215.2, Judge Pardes of the Nassau County District Court has denied a claim for legal...

  • Non-Refundable Fees: Pitfalls & Safe Harbors

    NYPRR ArchiveComments Off on Non-Refundable Fees: Pitfalls & Safe Harbors

    By Sarah Diane McShea [Originally published in NYPRR December 2002]   Eight years ago, the New York Court of Appeals affirmed a two-year suspension imposed on a lawyer who charged minimum, non-refundable fees to three clients, and then refused to refund...

  • Time-Barred Counterclaim in Lawyer’s Suit for Fees

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    By Lazar Emanuel [Originally published in NYPRR November 2002]   Attorney Jay Landa represented clients Margaret and Patrick Mullen in a Family Court proceeding in 1997 and 1998. A dispute developed concerning Landa’s fees. Landa complied with the...

  • Taking Security Interest to Secure Payment of Fees

    Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments Off on Taking Security Interest to Secure Payment of Fees

    By Lazar Emanuel [Originally published in NYPRR November 2002]   A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The...

  • Lawyers in Social Security Cases May Recover Contingent Fees

    NYPRR ArchiveComments Off on Lawyers in Social Security Cases May Recover Contingent Fees

    By Lazar Emanuel [Originally published in NYPRR September 2002]   Traditionally, lawyers representing clients on social security claims have relied on contingent fee agreements providing for fees equal to 25 percent of past-due benefits recovered. In an...

  • Billing for Computer-Assisted Legal Research

    NYPRR ArchiveComments Off on Billing for Computer-Assisted Legal Research

    By Steven C. Krane [Originally published in NYPRR May 2002]   In September 1991, American Lawyer magazine published what it considered an exposé on the manner in which major law firms billed their clients for various hard costs. The article, entitled...

  • NYSBA Reverses Stand on Contingent Post-Divorce Collection Fees

    NYPRR ArchiveComments Off on NYSBA Reverses Stand on Contingent Post-Divorce Collection Fees

    By Lazar Emanuel [Originally published in NYPRR April 2002]   After 25 years, the State Bar has decided that under the present rules, a New York lawyer may not “enter into an arrangement for, charge, or collect a contingent fee in a post-divorce action...

  • Ethics Opinion Rejects Real Estate Broker Referral Fees

    NYPRR ArchiveComments Off on Ethics Opinion Rejects Real Estate Broker Referral Fees

    [Originally published in NYPRR April 2002]   Nassau County Bar Association, Committee on Professional Ethics Opinion No. 01-9: Facts: A real estate broker writes a letter soliciting buyer and seller referrals from lawyers in exchange for a fee. The...