In Theroux v. Resnicow, 2021 NY Slip Op 50622(U) (Sup Ct, New York County 2021), the Supreme Court, New York County held that a defendant-attorney cannot withhold emails he exchanged with colleagues at his firm about the litigation he is party to, as the communications do not fall within the... Read more →


The international pandemic caused by the COVID-19 virus has no doubt brought enormous changes, including speeding up the already rapid implementation of technology to the way law firms conduct their practices. Now more than ever, the consequences of data security have become increasingly important given how remote work, digital communications... Read more →


In the past decade, texting has become a dominant form of communication between friends and family members. While similar to email correspondence, texting is different. Texting is more convenient, quicker and less formal than email correspondence. In texts, words are often shortened with poor grammar, sentences are not complete and... Read more →


On June 30, 2021, the New York Appellate Division, Second Department reaffirmed well-established principles regarding claims against attorneys for legal malpractice and breach of contract, drawing a distinction between the two causes of action. In Denisco v. Uysal, 2021 N.Y. Slip Op. 04118, the Second Department reaffirmed that a party’s... Read more →


Memorializing the different aspects of an attorney-client relationship can be a substantial risk management tool for lawyers. In addition to letters of engagement, which determine the scope of representation, risk can be further minimized by documenting the decision not to form an attorney-client relationship, or by confirming in writing that... Read more →


Receiving notice of a claim, potential claim, or being served with a Complaint or demand letter is never pleasant. It is stressful and can create fear, anger, resentment, confusion, alarm, uncertainty – or all of the above. Those are not good or productive circumstances under which to make rash decisions.... Read more →


Lawyers are often asked by family members and friends to handle matters that are outside their area of practice, or AOP. It is often difficult to say no to such requests, but there are some compelling arguments against dabbling in unfamiliar areas of practice, the main ones being the increased... Read more →


From time to time, your clients may ask you to refer or recommend another professional either incident to or completely unrelated to the service you provide. This might be a request for a referral for an accountant to help with a client’s taxes and estate planning work. Unfortunately, the referred... Read more →


Receiving notice of a professional liability claim can be shocking, daunting, and worrisome. Familiarizing yourself with the process of responding to Claims and Potential Claims will help make facing them easier, and reduce stress, should they ever materialize. The following is an explanation and guide for a typical claim process... Read more →


You’ve just been advised that a subpoena has been served. So what do you do? Ignore it? Refuse to comply? Produce all the requested documents without question? Subpoenas serve a very important function in the litigation process, and the wrong response to one can have very serious ramifications. Here are... Read more →