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Comments Off on Avoiding Rule 11 Sanctions By Withdrawing Complaint
By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, Congress enacted the Private Securities Litigation Reform Act, 15 USCS §78u-4, dealing with private securities litigation. The Act was designed to discourage frivolous complaints...
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Comments Off on Arizona Rejects Internet Referral Service
By Lazar Emanuel [Originally published in NYPRR December 2002] A web service describes itself as an intermediary between lawyers and people who need legal services. The service solicits the response of the general public. Consumers complete a...
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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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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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Comments Off on Specialization Announcement Requires Disclaimer Notice
By Lazar Emanuel [Originally published in NYPRR November 2002] The NYSBA Committee on Professional Ethics has construed the disciplinary rules which apply when a lawyer who has been certified in a particular field of law wishes to announce her...
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Comments Off on Protecting Client Funds When A Lawyer Dies
By Lazar Emanuel [Originally published in NYPRR November 2002] The case of Hynes v. Citibank, NA [Sup. Ct., Queens Cty., Oct. 2002], outlines the procedure to follow when a single practitioner dies leaving undisbursed client funds in his attorney...
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Comments Off on Maryland Disbars N.Y. Lawyer Over Office
By Lazar Emanuel [Originally published in NYPRR November 2002] The Maryland Court of Appeals has disbarred a lawyer admitted in three other jurisdictions but not admitted in Maryland. The Court found that the lawyer had engaged in the unauthorized...
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Comments Off on Lawyer Ordered to Return Unearned Part of Retainer
By Lazar Emanuel [Originally published in NYPRR November 2002] Lawyer Ramirez consulted Lawyer Aidala in connection with a criminal indictment against him for filing false visa applications with the Immigration Service. When the two first met, Lawyer...
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Comments Off on Lawyer Charged with Interest on IOLA Deposit
By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Skidmore represented plaintiff mother and her two children in the sale of a home in which all three had an interest. $84,613.92 of the sales proceeds were the property of the...
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Comments Off on Indiana Court Rejects Jurisdiction Over N.Y. Firm
By Lazar Emanuel [Originally published in NYPRR November 2002] Richards & O’Neil, a New York law firm, represented client Cullman Ventures, Inc., a New York corporation, in the purchase of the stock of Day Dream, Inc., an Indiana corporation. As...
