Sorry to hear that. In New York, you are "entitled to have your questions and concerns addressed promptly [by your lawyer] and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications." Schedule an in-person meeting with your lawyer. Don't... View More

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answered on Oct 20, 2025

I am sorry that you are going through this very difficult situation. It sounds both stressful and unfair to be deprived of your personal belongings while also dealing with the restrictions of a temporary restraining order. In New York, you do have legal options to seek the return of your property,... View More

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answered on Oct 20, 2025

I am very sorry that your family is experiencing this troubling situation. It is deeply concerning when an elderly person may have been coerced into signing legal documents, especially if those actions involve potential financial exploitation or manipulation by individuals in positions of trust,... View More

I'm sorry about your accident and the headaches it has caused you. There are irregularities here on a number of levels, and the fact that eight years have elapsed presents some problems. The arrangement you entered into sounds somewhat unorthodox in the realm of personal injury representation.... View More

Sorry to hear what you're going through. Personal injury attorneys in New York almost all work on a contingency fee basis of a third (33.3%), after which case costs and disbursements are deducted. Moreover, in the context of a motor vehicle crash, your medical bills are supposed to be covered... View More

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answered on Aug 12, 2025

I understand how stressful it can be when you suspect that a trusted person, particularly a family member, may have abused their authority under a Power of Attorney. Misuse of a POA and misappropriation of funds can have serious financial and legal consequences, and it is important to take prompt... View More

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answered on Jul 9, 2025

I understand how frustrating it can be to discover unexpected estate costs, especially when they could have been avoided with proper oversight. It is reasonable to ask whether someone can be held accountable for these expenses.

In New York, an executor has a fiduciary duty to manage the... View More

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answered on Jun 21, 2025

I am so sorry to hear about your situation and am wishing you all the best as you fight the charges. With that said, it will be important for you to rely on the advice of your attorney as they are familiar with the facts of your case and can help you determine the best legal strategy.... View More

Dear Manhattan Property Owner:

A Holdover Summary Proceeding is an eviction proceeding. All Holdover cases allow for a claim of past unpaid rent as well as Use & Occupancy--as long as the landlord made that money claim known in the Notice of Petition.

You abandon a Holdover for... View More

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answered on Jun 5, 2025

Make sure you do more than try to call them. Create a paper trail for your requests. Attorneys are obligated to properly respond and communicate with clients. It is part of our ethical responsibilities and fiduciary duty to our clients. Put something in writing, return receipt outlining all your... View More

I'm sorry for the frustration you are experiencing in receiving your funds. Make a written request. Attorneys here could only make general guesses about what may have happened here - medical reason, personal emergency, possible problems in office, complex file to settle in terms of liens, etc.... View More

Assuming everything you say is true, that would clearly violate an attorney's ethical obligations. You should send a final letter by certified mail, return receipt requested, demanding your portion of the settlement and giving him ten days to remit the funds, after which you will report him to... View More

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answered on May 18, 2025

I am sorry to hear about the difficulties you are facing with your personal injury case. Managing a complex legal case while dealing with severe injuries can be overwhelming, especially when false documentation and miscommunications have affected your case. In New York, there are several steps you... View More

I'm sorry for your injuries and ensuing ordeal. You've probably already looked into rescheduling the deposition and medical exam. The medical exam is unfortunately more unforgiving, depending on the policies of the carrier or its IME contractor. There are a considerable number of elements... View More

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answered on May 18, 2025

In New York, a Qualified Domestic Relations Order (QDRO) is a separate court order used to divide retirement benefits as part of a divorce. Although a QDRO is related to the divorce judgment, it is typically filed after the divorce is finalized. The fact that your attorney did not file the QDRO... View More

It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More

It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More

This is a somewhat open-ended question. At the very least, you'd want to ensure that it is technically accurate, does not make misrepresentations, advises users of applicable dangers, contains necessary warranty/disclaimer info, etc. Maybe you'd want to include the "Intellectual... View More

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answered on Apr 3, 2025

Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583... View More

You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More