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The New York Legal News Round Up

Latest_news It's Wednesday and time for the round up of interesting New York legal headlines from the past week:


Do New York Lawyer Advertising Rules Allow NY Lawyer to Solicit Clients in Another State?

Attorney_adsI received the following rather interesting inquiry via email from a New York lawyer who reads this blog:

Is a New York attorney allowed to create a website to solicit for cases in another state when no partner or associate is admitted in that state? I assume that the attorney is hoping to simply sign up the clients and refer those cases to an attorney admitted in that state.

It's an interesting issue and I'm not entirely sure of the answer.  It requires analysis of those newly promulgated New York lawyer advertising rules still in effect following the NDNY's issuance of an injunction staying some of the rules, as explained in this prior post, in conjunction with analysis of the particular rules governing advertising in the targeted jurisdiction.

After reviewing the applicable rules, I'm not entirely sure whether the rules prohibit solicitation in another jurisdiction.  My educated guess is the all time favorite response of lawyers that drives clients crazy:  it depends.  It depends on the method and content of the solicitation,  who is solicited and whether the type of solicitation used complies with applicable rules regarding lawyer advertising, among other factors.

In other words, I simply can't answer the question.  But, what I can do is set forth a few of the applicable provisions and ask you, my learned readers, for your opinion.  And, that I shall do.

1200.8(b) provides:

(b) For purposes of this section “solicitation” means any advertisement initiated by or on behalf of a lawyer or law firm that is directed to, or targeted at, a specific recipient or group of recipients, or their family members or legal representatives, the primary purpose of which is the retention of the lawyer or law firm, and a significant motive for which is pecuniary gain. It does not include a proposal or other writing prepared and delivered in response to a specific request of a prospective client.

1200.8(a) prohibits solicitation:

(1) by in-person or telephone contact, or by real-time or interactive computeraccessed communication unless the recipient is a close friend, relative, former client or existing client; or

(2) by any form of communication if: (i) the communication or contact violates sections 1200.6(a), 1200.8(g) or 1200.41-a of this Part; (ii) the recipient has made known to the lawyer a desire not to be solicited by the lawyer; (iii) the solicitation involves coercion, duress or harassment; (iv) the lawyer knows or reasonably should know that the age or the physical, emotional or mental state of the recipient makes it unlikely that the recipient will be able to exercise reasonable judgment in retaining a lawyer; or (v) the lawyer intends or expects, but does not disclose, that the legal services necessary to handle the matter competently will be performed primarily by another lawyer who is not affiliated with the soliciting lawyer as a partner, associate or of counsel.

It would seem that as long as the proposed web site does not fall under the definition of "solicitation" set forth above, complies with all applicable New York rules, including those referred to in 1200.8(a)(2), and does not violate the rules of the targeted jurisdiction, it would be ok.  But that's just my gut instinct, and certainly does not constitute legal advice in any way, shape or form.  And, divining the answer won't be easy since analysis of the applicable provisions would most certainly take a fair amount of time.

Another interesting issue raised by this question is whether the proposed conduct--soliciting clients in another jurisdiction in which one is unlicensed for the purpose of referring said clients to a licensed attorney in that jurisdiction--constitues the "practice" of law without a license.

Again, my gut instinct is that it doesn't, since no "practicing" actually occurrs, but again, I've not researched the issue.

So, what do you think, fair readers?  Anyone care to offer their learned opinion?


New York Legal Blog Round Up

BlawgsAs you may have noticed, I took Columbus Day off, as did The Daily Record.  Accordingly, my legal Currents column was not published this week, and your weekly New York legal blog round up is coming to you one day late. 

Better late, than never, right?  I now bring you interesting posts from my fellow New York legal bloggers from the past week:

A Buffalo Lawyer:

Juz The Fax:

New York Attorney Malpractice Blog:

New York Civil Law:

New York Legal Update:

New York Personal Injury Law Blog:

New York Public Personnel Law:

Second Opinions:

Simple Justice:


Define That Term #247

Dictionary Thursday's term was deficiency judgment, which is defined as:

n. a judgment for an amount not covered by the value of security put up for a loan or installment payments. In most states the party owed money can only get a deficiency judgment if he/she chooses to file a suit for judicial foreclosure instead of just foreclosing on real property. However, some states allow a lawsuit for a deficiency after foreclosure on the mortgage or deed of trust. The right to a deficiency judgment is often written into a lease or installment contract on a vehicle. There is a danger that the sale of a repossessed vehicle will be at a wholesale price or to a friend at a sheriff's sale or auction, leaving the debtor holding the bag for the difference between the sale price and remainder due on the lease or contract. See also: foreclosure judicial foreclosure.

Edward Wiest's guess was right on target!

Today's term is:

Interlineation.

As usual, educated guesses are welcome; dictionaries are not.


Top 10 Blawgs

Blawgs I've been tagged in a meme.  Much thanks to Eric Turkewitz of the New York Personal Injury Law Blog for including Sui Generis in the list of his 10 favorite law blogs. 

In fact, both of my blogs have been tagged in this meme, and I'm at a loss as to how to create 2 lists of 10 different blogs that have not yet been tagged in this meme.

I've decided there's simply no way to do that, so I'm simply going to pick my top 10 favorite blogs, from the perspective of "Serious Lawyer Niki" here at Sui Generis and from the perspective of "Niki-who-thinks-lawyers-take-themselves-too-seriously" over at Legal Antics.

So, without further ado, Serious Lawyer Niki's list is as follows:

1.  Inside Opinions:  Legal Blogs--Great and timely commentary on the legal blogosphere.

2.   Feminist Law Professors--A daily must read and a reminder that we need to stop the insanity!

3.   Simple Justice--Scott Greenfield never fails to offer thoughtful posts regarding criminal justice issues and more.

4.   New York Civil Law--Matt Lerner offers insightful legal analysis for New York lawyers.

5.   My Shingle--Carolyn Elefant's blog--full of interesting posts for every lawyer, not just solos.

6.  New York Personal Injury Law Blog--Even though Eric nominated Sui Generis, I couldn't leave his memorable  blog off this list.  He discusses the litigation system from the perspective of a New York plaintiff's attorney.  His viewpoint is never boring and always informative and insightful.

7.  Point of Law--Always interesting commentary on the U.S. litigation system.

8.  Build a Solo Practice, LLC--Lots of useful information for solos and would-be solos.

9.  TalkLeft--The place to go for liberal political talk with a criminal justice slant.

10. Indignant Indigent--Criminal law, New York style.


New NY Blog of Interest

CheckmarkI recently discovered a relatively new New York blog based on an interesting concept--summarizing all New York CLEs in one place.  It's called, not surprisingly,  New York CLE.  You can browse CLEs by region, topic or date. 

And, CLE providers can submit their upcoming CLEs by following this link.  It appears that there is no cost to list your CLE and that a fee is charged only if people register for the CLE using the web site. 

It's an unusual and creative idea.  I've added to my sidebar under New York Law Blogs for the time being.  I'm interested in watching the blog to see how it develops over time.


Define That Term #246

DictionarySunday's term was remainder, which is defined as:

n. in real property law, the interest in real property that is left after another interest in the property ends, such as full title after a life estate (the right to use the property until one dies). A remainder must be created by a deed or will. Example: Patricia Parent deeds Happy Acres Ranch to her sister Sally for life and upon Sally's death to Charla Childers, Sally's daughter, or Charla's children if she does not survive. Charla has a remainder, and her children have a "contingent remainder," which they will receive if Charla dies before title passes. A remainder is distinguished from a "reversion," which gives title back to the grantor of the property (upon Sally's death, in the example) or to the grantor's descendants; a reversion need not be spelled out in a deed or will, but can occur automatically by "operation of law."

Edward Wiest's guess was close enough!

Today's term is:

deficiency judgment.

As always, no dictionaries, please.


The New York Legal News Round Up

Latest_news It's time for the round up of interesting New York law-related headlines from the past week:


Conquering the information highway--20 useful Web sites ideal for lawyers practicing in New York

Drlogo11This week's Legal Currents column, which is published in The Daily Record, is entitled "Conquering the information highway--20 useful Web sites ideal for lawyers practicing in New York"  The article is set forth in full below, and a pdf of the article can be found here.

My prior articles can be accessed here.

******

Conquering the information highway
20 useful Web sites ideal for lawyers practicing in New York

(Live links to the Web sites referenced in this article can be found here.)

There’s so much in-formation out there — and not enough time in the day to conquer it all.

It’s a conundrum for lawyers. Information is our business, or at least a large part of it. But laws and regulations change. Courts across the state issue decisions on a daily basis that drastically affect our legal practices. Accordingly, one of the more difficult tasks that we face is finding ways to keep up with the changes as efficiently possible.

One obvious source of virtually unlimited information is the World Wide Web. Of course, the trick is sifting through the vast amount of information available and locating useful Web sites. Look no further. What follows are what I find to be 20 of the most useful (and free) online resources for New York legal practitioners.

What better place to start than with the highest court in the state, the New York Court of Appeals? A list of the most recent decisions and a searchable database of the full text of decisions from 1990 to present can be found at Cornell’s Legal Information Institute (www.law.cornell.edu/ nyctap). Other useful resources include a thorough outline detailing the procedure for appealing cases to the court (www. n y c o u r t s . g o v / c o u r t s / a p p e a l s / f o r m s / civiltoc05.htm) and the practice handbook on the certification of questions by the Second Circuit to the New York Court of Appeals (www.nycourts.gov/courts/ appeals/ Cert.pdf). The court’s Web site also provides links to a number of items of interest, including Webcasts of recent lectures, including U.S. Supreme Court Justice Stephen Breyer’s speech last Spring, notable oral arguments, such as the same sex marriage appeals and death penalty cases, and important and timely notices to the bar (www.nycourts.gov/ ctapps/crtnews.htm).

There are a number of useful online resources that allow you to research the judge assigned to a case, your opponent and the status of a particular matter pending in certain courts.

A very interesting and relatively new site that has the potential to provide great insight into the skills, knowledge and temperament of judges in New York is The Robing Room, which allows lawyers to rate judges and leave anonymous comments regarding their experiences before both federal and state court judges. There is a section devoted to Second Circuit District Judges and Magistrates (www.therobingroom.com/Dis-trict.aspx?ID=2 ) and New York State Judges (www.therobingroom.com/ newyork).

Another useful resource is the New York State Unified Court System’s attorney database, from which you can obtain information regarding the address, phone number and year of admission of any attorney admitted to practice in New York State (https://iapps.courts.state.ny.us/ attorney/AttorneySearch).

The New York State Unified Court System’s Web site also provides a free service, eCourts, which allows you to obtain information regarding both pending and, in some cases, closed cases in Family Court and civil Supreme Courts across the state (https://iapps.courts.state.ny.us/ caseTrac/jsp/ecourt.htm).

Should you have a case scheduled downstate in a courthouse unfamiliar to you, you have the option of viewing maps, floor plans of select areas and photographs of the building at Courtguide.com (http://courtguide.com/ pro/main1.html ). From that site, you can obtain select information regarding the federal courts in New Yorkas well (http://courtguide.com/pro/ main31.html).

If you practice criminal law, there are a number of resources available to you. The Buffalo Criminal Law Center’s “criminal law Web” provides easy access a large database of important New York criminal law decisions and to the Penal Law statutes with imbedded links to definitions of the terms used therein (http://wings.buffalo.edu/law/ bclc/web/nycriminallaw.htm).

The New York Criminal Jury Instructions are available online (www.nycourts.gov/cji/index.htm) as is an annotated search warrant manual prepared for New York judges (www.nycourts.gov/judges/SearchWarrant_Manual. pdf). The New York State Division of Criminal Justice Services provides a handy list of registerable offenses for the Sex Offender Registry, current through April 13 (http://criminaljustice.state.ny.us/nsor/sortab1.htm).

Finally, the Center for Appellate Litigation’s Web site includes a list of significant criminal cases pending in the New York Court of Appeals along with a summary of the issues presented (www.appellatelitigation.org/ html/ court_updates/court_updates_ fs.html).

Electronic discovery is a relatively new and confusing issue for many lawyers who practice in federal court, but the extremely helpful Electronic Discovery Rule Wizard provides an easily navigated tool that resembles an “e-discovery for dummies” (http:// technology.findlaw.com/ electronic-discovery/electronic-discovery-wizard.html).

An outdated, but still useful Article 78 primer is available online (http://article78.com/primer/1.shtml). There also is a detailed and annotated New York Evidence outline prepared by Syracuse University Law School Professor Travis H. D. Lewin (www.law.syr.edu/Pdfs/0NY%20- EVIDENCE%20LAW%202006%20UPDATED.pdf).

A detailed New York legal research guide with imbedded links to relevant online resources can be found at the Georgetown Law Library’s Web site (www.ll.georgetown. edu/states/newyork-in-depth.cfm). If you need a refresher course regarding researching the legislative history of a New York statute, look no further than free and comprehensive New York State Legislative History Tutorial offered by the New York State Library (www.nysl.nysed. gov/leghist).

Another indispensable online resource is the Second Department’s searchable database of appellate briefs for cases calendared between January 2004 and six months prior to the date that the search is run (http://decisions. courts.state.ny.us/ad2/search/queryad2briefs3.asp).

This list of 20 Web sites is just the beginning. Take a stab at conquering the information highway and put these free resources to use in your law practice. You won’t regret it.


The New York Legal Blog Round Up

Blawgs It's Monday, and time for the weekly round up of interesting posts from my fellow New York law bloggers:

Indignant Indigent:

New York Attorney Malpractice Blog:

New York Civil Law:

New York Legal Update:

New York Personal Injury Law Blog:

New York Public Personnel Law:

Second Opinions:

Simple Justice:


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