Posts Categorized: Law Firms and Professional Ethics

Posted: 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 v. World Class Capital Group, LLC, 2021 NY Slip Op. 03252, holding that the alleged failure to have a written engagement letter was an insufficient basis to vacate an abritral award in a legal fee dispute, explaining:... Read more »

Posted: 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 & Fillas, LLP, 2021 NY Slip Op. 02003, denying predecessor counsel in a contingency action any share of a contingency fee, explaining: On June 18, 2014, nonparty Carmen Ortiz allegedly sustained injuries when her left arm became stuck... Read more »

Posted: 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, 2021 NY Slip Op. 00833, holding that conclusory allegations were an insufficient basis for a Judiciary Law 487 claim, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »

Posted: 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, LLC v. Anchorage Constr. Corp., 2021 NY Slip Op. 30126(U), holding that a corporation may avoid the prohibition on a corporation appearing pro se by assigning its claim, explaining: Plaintiffs motion to dismiss must be denied. Though... Read more »

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 »