Whose Burden Is It Anyway? Burden Shifting When Lack of Standing Is Asserted On A Motion To Dismiss

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 →


CNA - Spyware, Schemes and Sticky Fingers: Reacting to Client Misconduct

A client’s past misdeeds are rarely a deal breaker for a prospective attorney-client relationship. Every day, lawyers help clients address the consequences of illegal conduct and analyze the legal aspects of questionable conduct. These discussions are consistent with a lawyer’s ethical responsibilities and lawyers are bound to preserve the confidentiality... Read more →


CNA - What are your duties regarding a deceased client’s files?

Courts uniformly have held that the attorney-client privilege survives the death of a client. Various courts and ethics opinions have also analyzed a lawyer’s responsibilities to former clients to preserve confidential information after the representation concludes. Many states have developed the Uniform Probate Code that provides, upon the death of... Read more →


Attorney-Client Privilege Did Not Apply Between Lawyers at the Same Firm When One Was Party to a Case

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 →


Silence is Golden ... Or is it? Thorny Issues Involving the Concealment of Information from Opposing Counsel

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 →