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 »
Blogs
Posts Categorized: Law Firms and Professional Ethics
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 »
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., 2020 NY Slip Op. 02125, holding that Judiciary Law 487 does not cover non-meritorious legal arguments, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »
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 »
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 »
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 »
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 »
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 »
Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in 1186 Broadway Tenant LLC v. Friedman, 2019 NY Slip Op. 33463(U), disqualifying counsel from representing both an LLC and its members, explaining: It is well settled that a party has the right to representation by the attorney of... Read more »
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 Pizzarotti, LLC v. FPG Maiden Lane, LLC, 2019 NY Slip Op. 32645(U), holding that an initial consultation with a law firm was insufficient to justify that firm’s later disqualification on conflict grounds, explaining: To be represented by counsel... Read more »