As of the total number of cases of COVID-19 continues to rise, according to the Centers for Disease Control and Prevention (CDC), more and more businesses have closed their doors and sent their employees home to work. Many people may be finding it difficult to stay stuck inside during self-quarantine.... Read more →


March 8th marks International Women’s Day 2020 - a day dedicated to the celebration, remembrance and recognition of women across industry, racial and national lines. This annual holiday, surrounded by Women’s History Month, recognizes women’s contributions to society as a whole as well as the barriers still before them all... Read more →


The New York Appellate Divisions, in both the First and Second Departments, recently reaffirmed that a party’s failure to demonstrate that an attorney’s actions proximately caused their alleged damages is fatal to a legal malpractice action. The First Department decision of Marder’s Antique Jewelry, Inc. v. Bolton, 2020 NY Slip... Read more →


Tolling the Legal Malpractice Statute of Limitations by Reason of Plaintiff’s Disability or Insanity - Case Update: Jemima O. v. Schwartzapfel, P.C.* The recent New York Appellate Division, First Department, decision of Jemima O. v. Schwartzapfel, P.C., 2019 NY Slip Op 08793 (1st Dept. 2019) sheds light on the often... Read more →


On January 30, 2020, the World Health Organization declared the Novel Coronavirus a “public health emergency.” The deadly virus was first discovered at the end of 2019 in Wuhan City, Hubei Province, China. Since this time there have been confirmed cases in numerous countries across Asia, Europe and North America.... Read more →


Each year malpractice claims are made against lawyers by people that the lawyers never even considered to be their clients. Why? The lawyer did not send a declination letter after the initial meeting. The lawyer never explicitly communicated to the potential client, in writing, that he/she did not accept the... Read more →


Sometimes known as “the rat rule,” ABA Model Rule 8.3 requires every lawyer to report certain professional misconduct by other lawyers to the appropriate disciplinary authority. As a matter of professional responsibility, we attorneys are mandated reporters of other lawyers, and we were mandated reporters long before statutory mandated reporting... Read more →


The recent New York Appellate Division, First Department, decision of Jose Borges v. Alfred Placeres, 2019 NY Slip Op 29221 (1st Dept. 2019) sheds light on the often murky topic of when a legal malpractice claim can be assigned. The Borges decision helpfully explains some circumstances when a legal malpractice... Read more →