Sidebar Blog

Children have the right to choose their counsel in Family Court child custody cases. Yet in the over 21 years that I have been practicing, I never once heard a Family Court judge inform the litigants of that right for their children.

Confidentiality Clauses civilize divorces and breakups. A prenuptial or post nuptial agreement must include a confidentiality clause stating neither party can discuss, reveal or publicize to third parties aspects of the marriage, personal or financial affairs and the relationship or breakup without suffering serious monetary penalties. And when it comes to money, a spouse will abide by the privacy terms in face of losing thousands, millions and multi-millions of dollars or other property, depending upon the penalty terms. Confidentiality clauses are usually used in high-end multi-million dollar marriages and high profile business and entertainment people. However, my opinion is that privacy clauses should be included in every prenuptial agreement and in any type of relationship, such as domestic partnerships and civil unions or even in a dating relationship depending upon who is involved, because the Internet, Twitter, texting and technology today spreads rumours and private details like wild-fire.

When you purchase your puppy from a pet store, your new little friend will cost thousands of dollars, and the salesperson will tell you alot of things to convince you to pay more than the sales price. There will be paperwork for you to read and sign and consumer laws that you need to understand because the additional fees your salesperson tries to tack onto the price are usually unnecessary considering the laws.

When Courts ignore the law, people ask "But doesn't the court have to follow the law?" Yes it does have to follow the law, but not when bad lawyers and judges exist.

Breach of Fiduciary Duty in Legal Malpractice allegations gets legal fee refunds. If your client claims he was overcharged by the law firm, then alleging only the legal malpractice allegations limits you to damages for the malpractice. But if you also allege breach of fiduciary duty as a cause of action, you can request the return of legal fees paid.

CPLR 5501(c) permits a Notice of Appeal upon a Decision and Order dismissing a case despite your adversary filing a subsequent Judgment to later claim the Notice of Appeal was premature. On September 28, 2009, in the appeal of Robert H. Rotering, etc., appellant, v Perry Satz, et al., respondents., Docket 2009-02773, the Second Department granted my motion to vacate the dismissal of my Notice of Appeal and reinstate the appeal. The vacate happened because Defendants' counsel filed a "judgment" subsequent to my Notice of Appeal on the Order, which they then used that sharp practice to argue I appealed from the wrong paper. order entered after service of the notice of appeal and before entry of the order of the appellate court upon such appeal. Koslowski v. Koslowski, 251 A.D.2d 294, 672 N.Y.S.2d 808 (2 Dept. 1998). I made the point that the Notice of Appeal was proper notice and Defendants' filing a redundant paper as if they could create a technicality showed they had no legal finesse. (emphasis added). Thus, I explained, there is a deeming procedure that pulls the later filed judgment into the originally filed Notice of Appeal on the final Order.