You searched for: "Law Firms and Professional Ethics"
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June 12, 2021
Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
April 11, 2021
Predecessor Counsel in Contingency Action Denied Any Share of Contingency Fee
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco &… Read More
April 6, 2021
Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City… Read More
February 24, 2021
Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly,… Read More
January 30, 2021
Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi… Read More
December 12, 2020
Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fen… Read More
September 24, 2020
Law Firm Disqualified Because of Acquired Law Firm's Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
June 7, 2020
Counsel Disqualified Based on Client's Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
April 15, 2020
Attorney Can Be Liable for Participating in a Client's Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
April 9, 2020
Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C… Read More
March 21, 2020
Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sho… Read More
February 27, 2020
Firm Disqualified From Representation Because Some Members of Firm Would be Trial Witnesses
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-… Read More
January 14, 2020
Law Firm Disqualified Based on Prior Representation in a Related Matter
On December 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 7, 2019
Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 14, 2019
Initial Consultation Insufficient to Justify Counsel's Disqualification on Conflict Grounds
On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in… Read More
August 6, 2019
Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL … Read More
August 2, 2019
Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gera… Read More
June 26, 2019
Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 20… Read More
May 6, 2019
Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 22, 2019
Partnership Tax Returns Were Not Dispositive Evidence of Plaintiff's Status as a Partner
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
March 24, 2019
Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
February 14, 2019
A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
November 7, 2018
Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Mor… Read More
September 4, 2018
Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
August 23, 2018
Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive
On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P… Read More
July 18, 2018
Court Refuses to Enforce Attorney Fee-Sharing Agreement
On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014… Read More
April 17, 2018
Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim
On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY … Read More
March 20, 2018
Counsel Disqualified Because of Representation in Prior Related Action
On March 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Dollinger… Read More
February 16, 2018
Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlant… Read More
February 13, 2018
Corporation's Former Counsel Cannot Represent One Shareholder Against Others
On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 201… Read More
January 5, 2018
Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely
On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher … Read More
December 26, 2017
Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification
On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insuranc… Read More
December 6, 2017
Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One
On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 22, 2017
Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
November 8, 2017
Representation of Business Owners Not Representation of Business for Conflict Purposes
On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 26, 2017
Action Dismissed Because Plaintiff's Counsel Did Not Maintain Office in New York
On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Ch… Read More
October 21, 2017
Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 8, 2017
Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 22, 2017
Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages
On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 18, 2017
Client Bound by Counsel's Agreements, Even if Counsel Lacked Authority to Agree
On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
July 26, 2017
Breach of Fiduciary Duty Claim Based on Law Firm's Conflicted Representation Timely
On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, … Read More
June 9, 2017
Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment
On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP,… Read More
April 19, 2017
Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations
On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in G… Read More
April 9, 2017
Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed
On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 6, 2017
Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim
On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Bal… Read More
March 23, 2017
Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration
On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, … Read More
February 10, 2017
Failure to Inform Client of Retention of Co-Counsel Does Not Render Retainer Unenforceable
On February 9, 2017, the Court of Appeals issued a decision in Marin v. Constitution Realty, LLC, 20… Read More
February 2, 2017
Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim
On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & … Read More
December 14, 2016
Law Firm Equitably Estopped from Asserting Defense Against Former Client
On December 6, 2016, the First Department issued a decision in Deep Woods Holdings LLC v. Pryor Cash… Read More
November 16, 2016
Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent
On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 28, 2016
Attorney Properly Disqualified Under Attorney-Witness Rule
On October 19, 2016, the Second Department issued a decision in Bajohr v. Berg, 2016 NY Slip Op. 067… Read More
October 25, 2016
Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator
On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
September 3, 2016
Legal Malpractice Claim Based on Later-Reversed Ruling Upheld
On August 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 20, 2016
Law Firm Records Ordered Produced Under Crime-Fraud Exception
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 9, 2016
Disagreements With Counsel's Professional Decisions on Trial Strategy Not Actionable
On July 28, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2016
Communications by Defendant's Counsel to Defendant's Agents Held to be Privileged
On July 5, 2016, the First Department issued a decision in BEW Parking Corp. v. Apthorp Associates L… Read More
July 8, 2016
Communications Regarding Ethical Obligations Not Subject to Disclosure Under Fiduciary Exception
On June 30, 2016, the First Department issued a decision in Stock v. Schnader Harrison Segal & Lewis… Read More
July 1, 2016
Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim
On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LL… Read More
May 13, 2016
Late Attorney Disqualification Motion Justified By Change In Factual Circumstances
On May 10, 2016, the First Department issued a decision in Anderson & Anderson LLP v. North American… Read More
May 9, 2016
Court Properly Ordered Deposition of Transactional Counsel; Privilege Assertions Must Be Specific
On May 5, 2016, the First Department issued a decision in China Privatization Fund (Del.), L.P. v. G… Read More
April 26, 2016
First Department Upholds Sanctions For "Profanity-Laden Attack on Lawyer Conducting Deposition"
On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 029… Read More
April 12, 2016
LLP Law Bars Claim Against Dewey LeBoeuf Partners
On April 1, 2016, Justice Scarpulla of the New York County Commercial Division issued a Decision & O… Read More
April 10, 2016
No Civil Cause of Action for Subornation of Perjury in Prior Civil Action
On March 31, 2016, the First Department issued a decision in Serrante v. Moses & Singer LLP, 2016 NY… Read More
April 5, 2016
Client's Death Severs Attorney-Client Relationship, Ending Any Tolling
On March 24, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Dav… Read More
March 28, 2016
Judiciary Law Section 487 Claim Should Be Brought in Action Where Alleged Misconduct Occurred
On March 15, 2016, the First Department issued a decision in Little Rest Twelve, Inc. v. Zajic, 2016… Read More
March 2, 2016
Malpractice Claim Properly Dismissed: Defendants' Negligence Did Not Cause Plaintiff's Losses
On March 1, 2016, the First Department issued a decision in Women's Integrated Network, Inc. v. Ande… Read More
February 22, 2016
Court Denies Disqualification Motion Where Prior Representation Unrelated to New Action
On January 21, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
January 29, 2016
Judiciary Law Section 487 Claims Allowed in Separate Action
On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 201… Read More
December 11, 2015
Attorney Not Disqualified Under Attorney-Witness Rule When Testimony Would Be Cumulative
On December 3, 2015, the First Department issued a decision in Orbco Advisors LLC v. 400 Fifth Realt… Read More
December 8, 2015
Law Firm With Retaining Lien Was Entitled to Payment Before Having to Turn Over File
On December 1, 2015, the First Department issued a decision in American Stevedoring, Inc. v. Red Hoo… Read More
November 23, 2015
Legal Malpractice Claim Dismissed Because Plaintiff Was Not Damaged by the Negligence it Alleged
On November 19, 2015, the First Department issued a decision in Women's Integrated Network, Inc. v. … Read More
November 9, 2015
Opportunity to Comment on Proposed Changes to Disciplinary Rules
The Office of Court Administration has asked for public comment on the proposed Uniform Attorney Dis… Read More
October 26, 2015
Attorney Who Formed Corporation Can Represent Shareholder in Dissolution Action
On October 20, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Al… Read More
September 7, 2015
Action Untimely Even With Continuous Representation Doctrine Tolling
On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 … Read More
August 18, 2015
Counsel Disqualified Under Attorney-Witness Rule
On August 13, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in D… Read More
July 23, 2015
Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred
On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Prosk… Read More
July 10, 2015
Conflict Waiver in Engagement Letter Binding on Client that Later Became Adverse to Counsel
On July 9, 2015, the First Department issued a decision in Gem Holdco, LLC v. Ridgeline Energy Servi… Read More
May 26, 2015
Judiciary Law s. 487 Claim Can be Brought in Subsequent Action
On May 18, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Me… Read More
May 7, 2015
Continuous Representation Doctrine Requires More than a Continuing Relationship
On April 30, 2015, the First Department issued a decision in Johnson v. Proskauer Rose LLP, 2015 NY … Read More
April 11, 2015
Court Declines Disqualification Under Lawyer Witness Rule
On April 3, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 6, 2015
Failure to Plead Proximate Causation Fatal to Legal Malpractice Claim
On March 31, 2015, the First Department issued a decision in Candela Entertainment, Inc. v. Davis & … Read More
April 1, 2015
Nonresident Attorneys Must Maintain a Physical Office in New York
On March 31, 2015, the Court of Appeals issued a decision in Schoenefeld v. State of New York, 2015 … Read More
March 27, 2015
Malpractice Defendants Seeking Summary Judgment Must Show that Plaintiff Cannot Prove its Claim
On March 18, 2015, the Second Department issued a decision in Smith v. Kaplan Belsky Ross Bartell, L… Read More
March 12, 2015
No Malpractice Claim Against Counsel for Other Party in a Deal
On March 2, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Lese… Read More
March 8, 2015
Counsel That Previously Had Represented Adverse Party Not Disqualified When Matters Not Related
On February 26, 2015, the First Department issued a decision in Becker v. Perla, 2015 NY Slip Op. 01… Read More
March 5, 2015
Court Declines to Disqualify Counsel That Negotiated Agreement Under Attorney-Witness Rule
On February 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
March 2, 2015
Former Transactional Counsel Disqualified From Serving as Litigation Counsel
On February 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 20, 2015
Court Cannot Rule on Pending Motion After Relieving Counsel
On February 17, 2015, the First Department issued a decision in Fan v. Sabin, 2015 NY Slip Op. 01400… Read More
January 31, 2015
Court Accepts Late Reply to Counterclaim Where Delay Was Result of Law Office Failure
On January 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 18, 2015
Client Bound by Conflict Waiver With Counsel
On January 9, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 14, 2015
Prospective Client Who Consults Attorney who Ultimately Represents Adverse Party Must Show Harm to Disqualify Counsel
On January 8, 2015, the First Department issued a decision in Mayers v. Stone Castle Partners, LLC, … Read More
January 5, 2015
Court Refuses to Disqualify Counsel from Defending Both the Nominal Defendant and Other Defendants in a Derivative Action
On December 30, 2014, the First Department issued a decision in Stilwell Value Partners IV, L.P. v. … Read More
December 15, 2014
Party Sanctioned for Harassing Opponent
On December 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
November 8, 2014
Client’s Failure To Appeal Adverse Decision Bars Legal Malpractice Claim Only Where The Client Was Likely To Have Succeeded On Appeal
On October 21, 2014, the Court of Appeals issued a decision in Grace v. Law, holding that a client's… Read More
November 4, 2014
Second Circuit Asks Court of Appeals to Clarify Power of New York City to Regulate Law Firms Engaged in Debt Collection
On October 29, 2014, in Eric M. Berman, P.C. v. City of New York, 13-CV‐598, the Second Circuit ce… Read More
November 2, 2014
Court Denies Motion to Dismiss Based on Champerty
On October 28, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 1, 2014
Litigation Counsel Disqualified Under Attorney-Witness Rule
On October 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 27, 2014
Account Stated Claim Survives Notwithstanding Plaintiff's Inability Fully to Document All Charges
On October 23, 2014, the First Department issued a decision in Robson & Miller, LLP v. Sakow, 20… Read More
October 21, 2014
Standard of "Ordinary and Reasonable Skill and Knowledge" In Legal Malpractice Action Measured As Of the Time of the Representation
On September 18, 2014, the First Department issued a decision in Lichtenstein v. Willkie Farr & … Read More
October 1, 2014
No Third-Party Claim Where Plaintiff Made no Claim Against Defendant for Which Third Party Defendant Could be Liable
On September 25, 2014, the First Department issued a decision in Fidelity National Title Insurance C… Read More
August 8, 2014
Prior Representation Not Grounds For Disqualification of Attorney Where Former Client Waived Conflict In Engagement Letter
On August 6, 2014, the Second Department issued a decision in Grovick Properties, LLC v. 83-10 Astor… Read More
July 12, 2014
Claims Dismissed for Failure to Present Evidence of Proximate Causation
On June 30, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in M… Read More
July 10, 2014
Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division
The Office of Court Administration has asked for public comment on a proposed change to the Joint Ru… Read More
July 1, 2014
Pending Hourly Fee Matters are Not Partnership Property
On July 1, 2014, the Court of Appeals issued a decision in In re: Thelen LLP and In re: Coudert Brot… Read More
June 26, 2014
Breach of Contract Claim Dismissed as Duplicative of Malpractice Claim
On June 17, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decision … Read More
June 22, 2014
Class Counsel Awarded Reduced Fees
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Schu… Read More
June 7, 2014
Attorney has no Liability to Third Parties for Negligence in Performing Legal Services for Client
On May 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Go… Read More
May 10, 2014
Former Counsel for Business Associates Disqualified from Representing One Former Client Against Another
On May 7, 2014, the Second Department issued a decision in Gordon v. Ifeanyichukwu Chuba Orakwue … Read More
May 9, 2014
Fraud on the Court Must be Proved by Clear and Convincing Evidence
On May 8, 2014, the Court of Appeals issued a decision in CDR Creances S.A.S. v. Cohen, 2014 NY Slip… Read More
April 20, 2014
Malicious Prosecution and Abuse of Process Claims Dismissed for Failure to Meet Heavy Pleading Burden
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
April 17, 2014
Chinese Wall Does Not Prevent Law Firm From Being Disqualified
On April 4, 2014, Justice Friedman of the New York County Commercial Division issued a decision in M… Read More
April 10, 2014
Second Circuit Asks Court of Appeals to Clarify the Minimum Requirements Under Judiciary Law § 470
On April 8, 2014, in Schoenefeld v. State of New York, 11-4283-cv, the Second Circuit certified a q… Read More
April 8, 2014
Attorney may not Include Statutory Fee Award when Calculating Contingent Fee Unless Specifically Included by the Retainer Agreement
On April 3, 2014, the Court of Appeals issued a decision in Albunio v. City of New York, 2014 NY Sli… Read More
April 3, 2014
Motion to Disqualify Granted Despite Absence of "Significant Harm"
On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 1, 2014
Court of Appeals Rules That Limitations Period for Judiciary Law § 487 Claims is Six Years
On April 1, 2014, the Court of Appeals issued a decision in Melcher v. Greenberg Traurig, 2014 NY Sl… Read More
March 30, 2014
Appellant Sanctioned for Submitting Deficient Record on Appeal
On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petrole… Read More
March 29, 2014
Judiciary Law Section 487 Claims Must Be Brought in Forum in Which Misconduct Occurred
On March 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 25, 2014
Party Bound By Discovery Stipulation Signed by His Counsel
On March 19, 2014, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2014 NY S… Read More
March 24, 2014
Claim For Legal Malpractice Accrues When Client Receives Negligent Work Product
On March 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in X… Read More
March 20, 2014
Failure to Provide Client With Engagement Letter or Notice of Right to Arbitrate Dooms Suit for Fees
On March 19, 2014, the Second Department issued a decision in Gary Friedman, P.C. v. O'Neill, 2014 N… Read More
March 11, 2014
Lawyer's "Stalking" of Jurors Leads to Mistrial
On March 5, 2014, Justice Karalunas of the Onondaga County Commercial Division issued a decision in … Read More
February 16, 2014
Legal Malpractice Claim Survives Summary Judgment Because of Potential Red Flag Requiring Law Firm to Investigate Client Representations
On February 13, 2014, the First Department issued a decision in Nomura Asset Capital Corp. v. Cadwal… Read More
February 15, 2014
Alleged Breach of Disciplinary Rule Alone Does Not Create a Cause of Action for Legal Malpractice
On February 4, 2014, Justice Oing of the New York County Commercial Division issued a decision in Po… Read More
January 19, 2014
Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine in Second Action
On December 15, 2013, we posted that on December 12, 2013, the Court of Appeals had accepted certifi… Read More
December 20, 2013
Legal Malpractice Claim Survives Despite No Allegation of Attorney-Client Relationship
On December 18, 2013, the Second Department issued a decision in Mr. San, LLC v. Zucker & Kweste… Read More
December 15, 2013
Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine
On November 19, 2013, we posted that in In re: Thelen LLP, the Second Circuit had certified question… Read More
December 5, 2013
First Department Affirms Strict Reading of Rule Requiring Stay and Notice to Retain New Counsel
On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Sl… Read More
November 30, 2013
Judiciary Law Section 478 Applies Only to Legal Services Provided in New York
On November 27, 2013, the Second Department issued a decision in Gover v. Savyon, 2013 NY Slip Op. … Read More
November 25, 2013
Default Judgment Entered Against Defendant As Discovery Sanction
On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 19, 2013
Second Circuit Certifies Question on Unfinished Business Doctrine to Court of Appeals
On November 15, 2013, the Second Circuit issued a decision in In re: Thelen LLP, Docket No. 12‐413… Read More
