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I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
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 
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
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
We created a new cellphone and are in the middle of manufaturing it, we need to know what do we need, by law, to write in the user manual.
Thanks for your help.
answered on Apr 3, 2025
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
I was sentenced to two years of supervised release with a time-served sentence, avoiding imprisonment. The offense's maximum supervised release term was three years. Fifteen days before the end of my term, the prosecutor filed a Violation of Supervised Release, requesting six months of... 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
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More
answered on Mar 10, 2025
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
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answered on Nov 30, 2024
I understand that you're in need of legal representation and are looking for a walk-in law office in New York. Finding an attorney who can meet with you promptly is important, and I'm happy to provide some guidance on how to locate one.
Many law firms in New York understand that... View More
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 1, 2024
I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 5, 2024
Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with... View More
Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk
answered on Sep 30, 2024
I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
If the attorney held the funds in escrow, that interest doesn't usually go to the attorney or client. Law firms generally use IOLA accounts, where the interest would go to an IOLA Fund, used for public legal programs. Good luck
Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More
answered on Mar 27, 2024
Yes attorneys need to provide their clients a disbursal statement.
The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.
The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More
answered on Mar 13, 2024
In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More
Originally, a lawyer filed a probate petition representing two clients. Later, the lawyer amended the petition to include only one client's name. Even though the unnamed client was initially part of the original petition, they have not received any communication from the court nor participated... View More
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answered on Apr 13, 2025
In this situation, once the lawyer amended the probate petition to remove the unnamed client’s name, the lawyer's role as attorney of record for that client likely ended, especially if the client was no longer involved in the case. If the client was not listed in the amended petition, and... View More
I have a sexual abuse case against the clergy of the Catholic Church in New York, pending since 2019. My lawyer is not communicating with me, and the only time we spoke was last year. I always speak to the paralegal or secretary when I call, and they rarely answer. I don't know what is... View More
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answered on Apr 13, 2025
It can be incredibly frustrating when your lawyer doesn’t communicate about your case. The first step might be to put your concerns in writing—send a formal letter or email directly to your lawyer, politely requesting a detailed update on the status of your case. By documenting your concerns,... View More
I recently discovered that my lawyer signed a waiver to stop the Speedy Trial time without my knowledge because he believed it was in my best interest. The state had six months to indict me. Is it legal for my lawyer to make such a decision without informing me first?
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answered on Apr 13, 2025
In most cases, a lawyer should not make significant decisions about your case, such as waiving the Speedy Trial time, without discussing it with you first. The Speedy Trial rule ensures that a defendant’s case is tried in a reasonable amount of time, and waiving that right is a critical decision.... View More
If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More
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answered on Mar 23, 2025
In the legal world, attorney-client privilege is a fundamental cornerstone of effective representation. Your lawyer generally has no obligation to disclose information learned during your representation, including your possible vigilante activities, unless those activities directly relate to the... View More
I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More
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answered on Jul 27, 2024
You can take several steps to address this situation. First, document everything meticulously, including the lawyer's admission and any incidents of harassment or threats during child exchanges. This documentation will be crucial for any legal proceedings.
Next, consider filing a... View More
Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More
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answered on May 1, 2024
When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More
A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.
A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More
answered on Feb 9, 2024
So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More
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