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Comments Off on How to Lose Your Legal Fee, Part 3: Fee Disputes with Clients in Federal Court
By Ronald C. Minkoff More than a year ago, we embarked on a three-part series on “How to Lose Your Legal Fees.” Part 1, in our February 2016 edition, examined excessive fees, and Part 2, in our July 2016 edition, focused on legal fee forfeiture. In this...
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Comments Off on Ball of Confusion: Practicing Law from Your Second Home in Another State
By Ronald C. Minkoff Practicing law has been very, very good to you. Through lots of hard work over 40 years, you have built up a stable of good, steady clients, and have earned enough money to start thinking seriously about retirement. You have always lived...
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Comments Off on Why the “Stock” Decision Is Wrong — And Why It Is Right
By Ronald C. Minkoff Like so many New York lawyers, I was happy when the First Department decided Stock v. Schnader Harrison, Segal & Lewis, LLP, 35 N.Y.S.3d 31 (1st Dept. 2016 (Stock). Indeed, I was probably happier: The First Department’s decision,...
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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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Comments Off on N.Y. Court of Appeals Narrowly Interprets Common Interest Exception to Attorney-Client Privilege
By Ronald C. Minkoff, Nicole Hyland & LiJia Gong The New York Court of Appeals issued a decision on June 9, 2016 in Ambac Assurance Corp. v. Countrywide Home Loans (Ambac). This opinion has important implications for communications between...
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Comments Off on ABA Model Regulatory Objectives: Why They Matter to You
By Ronald C. Minkoff ABA House of Delegates Resolution 105 (Resolution 105), which was narrowly approved by the ABA House of Delegates (HOD) at the mid-year meeting in February 2016 and adopts the ABA Model Regulatory Objectives (Model Objectives) as...
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Comments Off on How to Lose Your Legal Fee, Part 1: Excessive Fees
By Ronald C. Minkoff For the most part, lawyers in New York are free to set their own fees. Except for particular areas where specific court or ethics rules govern—most notably, personal injury and medical malpractice—lawyers have wide latitude in setting...
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Comments Off on Miracle on Eagle Street: New York’s Temporary Practice Rule
By Ronald C. Minkoff To many in the New York professional responsibility community, it seemed like a Christmas miracle. For more than 15 years, the New York State Bar Association and legal ethics experts have implored the Office of Court Administration, the...
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Comments Off on Does N.Y. Judiciary Law §487 Apply to Arbitrations?
By Ronald C. Minkoff and Tyler Maulsby An attorney violates Section 487 of the N.Y. Judiciary Law (Section 487) when she or he “is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or any party…”...
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Comments Off on Access to Justice and a New Definition of Professionalism
By Ronald C. Minkoff On July 22, 2015, Chief Judge Jonathan Lippman made permanent a task force he created in 2010 to examine the unmet needs of low-income New Yorkers. According to the New York Law Journal, Chief Judge Lippman said this move “makes...
