Blogs

Client Q & A

Answers to common client questions.
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 collection from a client who...

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Posted in Client Q & A, Law Firms and Professional Ethics
Posted: April 22, 2019

Client Q & A: Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users

Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users By Elizabeth Wolstein The explosion of website accessibility lawsuits under the Americans with Disabilities Act (“ADA”) has been getting a lot of attention. These cases raise interesting legal, practical, and philosophical issues that we hope to address in future posts. For now, though, let’s...

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Posted in Client Q & A, Civil Rights
Posted: February 12, 2019

Client Q&A: I’m Getting Sued for Breach of Contract. The Defense Costs Are Almost as Bad as the Suit Itself. Can I Force the Plaintiff to Pay My Attorneys’ Fees if I Win?

By Joshua Wurtzel For many businesses, the cost of defending against a lawsuit—even one that has little chance of success—can be harrowing. And defending against a breach of contract claim can be especially expensive—since insurance often doesn’t cover contract claims, contract (unlike fraud) claims don’t require a plaintiff to plead its claim with particularity, and issues of fact may make...

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Posted in Client Q & A, Attorney Fees
Posted: May 10, 2017

Client Q&A: My Company Acquired Another Company And Now I’ve Found Out That The Seller Lied To Us About Its Business And Finances. What Can We Do?

My Company Acquired Another Company And Now I’ve Found Out That The Seller Lied To Us About Its Business And Finances. What Can We Do? By Niall D. O’Murchadha When one business buys another business or its assets, the buyer sometimes (often) finds out later that the seller told it things that were not true. And although you might expect...

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Posted in Client Q & A, Fraud/Misrepresentation
Posted: April 25, 2017

Client Q&A: My company has been sued for replevin, conversion, promissory estoppel, and constructive trust

My company has been sued for replevin, conversion, promissory estoppel, and constructive trust. What do these words even mean?! By Vitali S. Rosenfeld Misappropriation of assets takes many forms and invites all kinds of claims seeking various legal remedies. Very often, many alternative claims are asserted for the same alleged wrong. For instance, it is quite common for a complaint...

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Posted in Client Q & A, Conversion, Unjust Enrichment
Posted: March 7, 2017

Client Q&A: My Opponent Gets Evidence From My E-Mail? It Would Take Me Weeks to Read Through My E-mail!

My Opponent Gets Evidence From My E-mail? It Would Take Me Weeks to Read Through My E-mail! By John M. Lundin As we have discussed in a prior post, in modern complex commercial litigation, one of the biggest costs relates to discovery–the exchange of evidence between the parties. And electronic discovery is one of the biggest components of discovery–collecting e-mail...

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Posted in Commercial, Discovery/Disclosure