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 →


You have an attorney position to fill, and have found the perfect candidate with the right credentials, experience and book of business, who clears the initial conflicts checks (review of clients and matters on which the attorney is/was actively working). The attorney, looking for more interesting and meaningful work, better... Read more →


Concealment from your adversary can be unethical even where there is no specific legal obligation to disclose if concealment is otherwise found to be dishonest or misleading. Perhaps as a result of the more recent emphasis on professional civility, disciplinary authorities seem more likely to sanction lawyers for failing to... Read more →


As the world settles into a pandemic that won’t quickly disappear, many people are becoming comfortable with traveling again, feeling more confident in the measures that can be taken to minimize personal exposure and risk. As travelers research new country and destination requirements that have arisen because of the pandemic,... Read more →


Lawyers should beware of a sophisticated new hacking scam the FBI refers to as “Business E-mail Compromise.” Lawyers in multiple states have recently reported being victimized by this scam. The hoax targets lawyers who process client funds from their attorney trust accounts. Transactions involving real estate closings or legal settlements... 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 →


As we approach a second year of virtual meetings, depositions, court appearances and happy hour networking, this is a good time to pause and reflect on what works and what doesn’t work in a remote law practice. While we are becoming comfortable in this new normal, the circumstances have raised... 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 →