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Comments Off on N.J. Appellate Division Rules that Plaintiffs Need Court Permission to Record or Have a Third Party Observe Independent Medical Exams
By Caren Decter — This article was originally published May 16, 2022. Under New Jersey Court Rule 4:19, an adverse party can require a plaintiff in a personal injury action to submit to a physical or mental examination—i.e., an independent medical examination (“IME”) or DME. But when, if ever, is third-party observation or recording of an...
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Comments Off on A Small Step For Non-Lawyer Practice – And Access to Justice: Upsolve, Inc. v. James
By Ronald C. Minkoff — This article was originally published June 8, 2022. Sometimes lawsuits lead to the right result for the wrong reason. And sometimes, the reasoning doesn’t really matter: it is the result that counts. U.S. District Judge...
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Comments Off on Looking For Trouble And Finding It: The ABA Resolution To Condemn Non-Lawyer Ownership
By Ronald C. Minkoff — This article was originally published August 16, 2022. (This has been revised since its original publications to address comments we have received.) At the ABA Annual Meeting last week, the Illinois State Bar Association...
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Comments Off on Better Late Than Never: New York Approves Remote Practice Rule
By Tyler Maulsby — This article was originally published December 22, 2022. Earlier this month the New York Court of Appeals amended the rules governing temporary practice of law to allow for remote work in New York by lawyers licensed in other...
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Comments Off on Technological Difficulties Lead to Late-Filed Complaint . . . and Dismissal
By Nicole Hyland — This article was originally published December 23, 2022. It is every litigator’s nightmare. You’re racing the clock to submit a court filing late at night on the due date. You finally pull all your documents together and log...
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Comments Off on Who’s My Client? Vicarious or Accommodation Clients.
By Ronald C. Minkoff — This article was originally published January 6, 2023. When is a client not really your client? The answer: when the client is considered a “secondary,” “vicarious” or “accommodation” client. Though often used...
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Comments Off on Not So Fast! New Jersey UPL Committee Puts Limits of Temporary Practice and Shuts Down Recent Appellate Division Ruling
By Tyler Maulsby — This article was originally published January 8, 2023. As many lawyers know, one of the one of the most pressing challenges for the legal profession right now is multijurisdictional practice and the unauthorized practice of law...
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Comments Off on Attorney and Clients Sanctioned $2.5mm For Pursuing Objectively Unreasonable Lawsuit Against Wrong Party
By Khasim Lockhart — This article was originally published January 8, 2023. On April 30, 2013, Robert Fletcher and Bartlow Gallery Ltd. (“Bartlow”) (collectively, “Plaintiffs”) brought a lawsuit against Peter Doig and some of his associates in...
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Comments Off on SEC Seeks to Compel Law Firm to Comply with Subpoena into Cyberattack That Compromised Client’s Info
By Khasim Lockhart — This article was originally published January 22, 2023. On January 10, 2023, the U.S. Securities and Exchange Commission (the “SEC”) commenced an action in U.S. District Court seeking an order compelling the law firm...
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Comments Off on California Eyes Adoption of Mandatory Reporting Rule
By Tyler Maulsby — This article was originally published January 23, 2023. At its January 13, 2023 meeting the California State Bar’s Committee on Professional Responsibility and Conduct (COPRAC) approved a new rule to be added to the California...
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