Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Attorneys' Fees
Legislation enacted after a client and a domestic relations attorney entered into a contract securing the payment of the attorneys' fees by a mortgage against the client's primary residence may not invalidate the contract, even if the contract is contrary to the purpose of the legislation. Schantz v. O'Sullivan, No. 94288, Supreme Court of New York, Appellate Division, Third Department, July 29, 2004.
Two mortgages on O'Sullivan's primary residence were given to O'Sullivan's matrimonial attorney in 1988 and 1991 to secure payment for the attorneys' fees for services provided during O'Sullivan's matrimonial action, which was settled in 1994. In 1993, after the mortgages were signed, the New York legislature enacted 22 NYCRR 1400.5(b), which prohibited the foreclosure of a mortgage on a client's primary residence taken by an attorney in the course of a domestic relations matter. The New York legislature enacted further legislation in 2002 that prohibited such foreclosures, including foreclosures that were the result of agreements made prior to the legislation. Schantz moved for a declaration that the 2002 statute was unconstitutional as it applied to the specific facts of this case and O'Sullivan moved for an order to prevent the sale of her home. The trial court held that the 2002 legislation was constitutional and blocked the sale of O'Sullivan's home. The appellate court reversed only with respect to contracts entered into prior to the enactment of the legislation. It held that because the parties entered into the contract prior to any legislation, it was a substantial impairment on private contract rights to permit a prohibition on the foreclosure of O'Sullivan's home. The court noted that a contract of this nature entered into after the effective date of the legislation would be a violation of the matrimonial attorney rules and the legislation.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.