Posts Categorized: Law Firms and Professional Ethics

Posted: 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, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 2020 NY Slip Op. 07163, affirming the dismissal of a Judiciary Law 487 claim for lack of specific, non-conclusory allegations, explaining: Pursuant to Judiciary Law § 487, an attorney who is guilty of... Read more »

Posted: 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 Goren v. Barnett, 2020 NY Slip Op. 32952(U), disqualifying a law firm because a firm that it had acquired previously had represented an opposing party, explaining: From 2010 to approximately 2013, the law firm of Amstein & Lehr... Read more »

Posted: 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 Alam v. Ahmad, 2020 NY Slip Op. 31423(U), disqualifying a law firm based on its client’s conflicts, explaining: Plaintiffs’ theory of disqualification is rooted in Rule of Professional Responsibility 1.9(c) which provides that [a] lawyer who formerly represented... Read more »

Posted: 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 FGP 1, LLC v. Dubrovsky, 2020 NY Slip Op. 30899(U), holding that an attorney can be liable for participating in a client’s tortious misconduct, explaining: The parties dispute, however, whether Stewart, given his status as Dubovsky’s attorney, can... Read more »

Posted: March 31, 2020

What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act?

What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act? By Hillary S. Zilz, Elliott Blanchard and Sam L. Butt. The CARES Act is the federal government’s $2 trillion response to the Covid-19 pandemic. The CARES Act provides for a variety of aid programs to help businesses and individuals affected by the Covid-19 virus.... Read more »

Posted: 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 Shoreham Hills, LLC v. Sagaponack Dream House, LLC, 2020 NY Slip Op. 50326(U), holding that a conflict was not disqualifying when the prior representation was unrelated to the current representation, explaining: The plaintiffs seeks disqualification of the defendants’ attorney,... Read more »

Posted: 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-Ayerst Labs., 2020 NY Slip Op. 00993, upholding the disqualification of a law firm because some of the firm’s members would be trial witnesses, explaining: The court correctly determined that provisions of the Rules of Professional Conduct applied... Read more »

Posted: 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 Bessemer Trust Co., N.A. v. Hart, 2019 NY Slip Op. 33744(U), disqualifying a law firm based on its prior representation of the plaintiff, explaining: It is a well-established rule that a lawyer may not represent a client in... Read more »

Posted: January 3, 2020

How You Can Protect Yourself Against the Nonpaying Client: The Retaining Lien and The Charging Lien

By Joshua Wurtzel Every lawyer deals with nonpaying clients. It’s a part of the business of law. And it’s something every firm has to confront more often than they’d like to admit—from the biggest law firms in the world down to the solo practitioner working out of his or her house. Deciding whether to pursue... Read more »