Are Attorneys Liable for Strategic Decisions Made by Sophisticated Clients? Clients are as diverse as the practice of law. While some clients have little or no understanding of the legal system or the matters for which they are being represented, others are substantially more knowledgeable. The term “sophisticated client” refers... Read more →

At the outset of litigation, a New York court may be called upon to determine whether a person seeking relief from the court is a proper party to request adjudication. This important aspect of a person’s ability to seek relief in court is referred to as standing - a threshold... Read more →

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 →