anatomy of bad lawyering

Anatomy of Bad Lawyering – Part V

ANATOMY OF BAD LAWYERING-PART V   Part IV ended with¬†Acme’s case being dismissed. RECAP: ¬†Smith sued Acme for unpaid commissions. ¬†Acme sued Smith for breach of his employment agreement. ¬†Acme filed and served the first complaint. ¬†Smith, instead of simply answering the complaint, filed a separate complaint. ¬†Acme, instead of moving to consolidate the twoRead More

Non-Disparagement Clauses and Social Media

How Does The¬†Consumer Review Fairness Act of 2016 Affect Your Business If you are in business, and are concerned about protecting your reputation against negative “reviews” or other disparaging, slanderous, or damaging content posted on social media (Facebook, etc), you need to familiarize yourself with the new law. ¬†Violations carry serious penalties. A quick overview:Read More

anatomy of bad lawyering

Anatomy of Bad Lawyering – Part IV

ANATOMY OF BAD LAWYERING-PART IV   Part III ended with a review of the error made by Acme in failing to simply move to consolidate the 2 co-existing ¬†matters. RECAP: ¬†Smith sued Acme for unpaid commissions. ¬†Acme sued Smith for breach of his employment agreement. ¬†Acme filed and served the first complaint. ¬†Smith, instead ofRead More

anatomy of bad lawyering

Anatomy of Bad Lawyering-Part III

ANATOMY OF BAD LAWYERING-PART III Part II ended with Acme filing a motion to dismiss Smith‚Äôs complaint. ¬†Seems logical. ¬†The probem: In New York, there is no ‚Äúmandatory joinder‚ÄĚ. ¬†New York follows the ‚Äúpermissive joinder‚ÄĚ rule, which can be found at CPLR ¬ß¬†1002: (a) Plaintiffs. Persons who assert any right to relief jointly, severally, orRead More

wasting money

Can I Sue For My Attorney Fees?

Can I Sue For My Attorney Fees Called the “American Rule” (see http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1586&context=aulr; also see ¬†Hunt v Sharp, 85 NY2d 883 [1995]), a prevailing party is ¬†responsible for the payment of its own attorneys‚Äô fees in a lawsuit in the New York state courts, with certain specific exceptions. ¬†The Rule is a departure from theRead More

frustration

Anatomy Of Bad Lawyering – Part II

Anatomy of Bad Lawyering РPart II [one_half] Part I ended with the parties having served cross-complaints:  first Acme served Smith, then Smith served Acme. Both complaints addressed the same nucleus of operative facts- the exact same lawsuit now, in fact, existed TWICE.  Rather than move to consolidate the actions,  Acme files a motion toRead More

The Dangers of Downloading Internet Images- Getty Images Demand Letters

Dangers of Downloading Getty Images   Since at least 2008, Getty Images has sent thousands of letters demanding payment for copyright infringement to people downloading images from the Internet.¬† The demands range from $600 to $2,000 per image and in many instances, as much as $6,000 per image. None of these images were ‚Äúwatermarked‚ÄĚ orRead More