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Current Issue •
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Comments Off on Protecting Your Fees: The Ethics of Fee Claims (at Frankfurt Kurnit’s 2019 Litigation Ethics Summit)
The first panel of the day focused on how fee disputes arise and how those disputes affect malpractice claims under New York law. The panel featured plaintiff malpractice attorney Daniel Abrams, ALAS Vice President—Senior Claims Counsel Kenneth Small, and...
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NYLER Archive •
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Comments Off on How to Lose Your Legal Fee, Part 2: Legal Fee Forfeiture
By Ronald C. Minkoff In our February 2016 edition, we published the first of a three-part series of articles on “How to Lose Your Legal Fees.” That article examined excessive fees, focusing on how the interplay between New York Rule of Professional...
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NYPRR Archive •
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Comments Off on Court Denies Referral Fee to No-Show Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2010] Instinctively, the draftsmen of our ethical rules and standards have been reluctant to recognize or confirm the right of a lawyer to collect an unearned referral fee. an unearned referral fee...
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NYPRR Archive •
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Comments Off on Court to Law Firm: No Letter of Engagement, No Fee
By Lazar Emanuel [Originally published in NYPRR June 2003] Describing his decision as the first he could find construing the new provisions of 22 NYCRR 1215.1 and 1215.2, Judge Pardes of the Nassau County District Court has denied a claim for legal...
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NYPRR Archive •
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Comments Off on Non-Refundable Fees: Pitfalls & Safe Harbors
By Sarah Diane McShea [Originally published in NYPRR December 2002] Eight years ago, the New York Court of Appeals affirmed a two-year suspension imposed on a lawyer who charged minimum, non-refundable fees to three clients, and then refused to refund...
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Comments Off on Time-Barred Counterclaim in Lawyer’s Suit for Fees
By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Jay Landa represented clients Margaret and Patrick Mullen in a Family Court proceeding in 1997 and 1998. A dispute developed concerning Landa’s fees. Landa complied with the...
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Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
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Comments Off on Taking Security Interest to Secure Payment of Fees
By Lazar Emanuel [Originally published in NYPRR November 2002] A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The...
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NYPRR Archive •
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Comments Off on Lawyers in Social Security Cases May Recover Contingent Fees
By Lazar Emanuel [Originally published in NYPRR September 2002] Traditionally, lawyers representing clients on social security claims have relied on contingent fee agreements providing for fees equal to 25 percent of past-due benefits recovered. In an...
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NYPRR Archive •
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Comments Off on Billing for Computer-Assisted Legal Research
By Steven C. Krane [Originally published in NYPRR May 2002] In September 1991, American Lawyer magazine published what it considered an exposé on the manner in which major law firms billed their clients for various hard costs. The article, entitled...
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NYPRR Archive •
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Comments Off on NYSBA Reverses Stand on Contingent Post-Divorce Collection Fees
By Lazar Emanuel [Originally published in NYPRR April 2002] After 25 years, the State Bar has decided that under the present rules, a New York lawyer may not “enter into an arrangement for, charge, or collect a contingent fee in a post-divorce action...
