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Richard A. Klass
Articles by Richard A. Klass, Esq. |
Attorney Fee Collections Articles
The Enforcement of an Attorney's Retaining Lien
Sometimes, an attorney is discharged by his client without cause, and with a substantial amount of money due to the attorney from the client. Aside from the attorney bringing a plenary action on the debt owed by the client, the attorney may seek alternative measures through the application of liens upon the client’s cause of action or file, through the employment of either a “charging” lien or “retaining” lien.... (more)
Why Settle for a Charging Lien?
In litigation, there may come a time when, without cause, an attorney withdraws from the case or the client discharges the attorney. At that instance, the attorney is wondering how he is going to get paid the remainder of his legal fee from his client. He may also be wondering what mechanisms may be used to get paid.... (more)
Video: When Great Clients Vanish (without paying their bills)
Debt Collection Articles
Analysis of Exempt Income Protection Act
Beginning on January 1, 2009, New York State enacted new measures relating to the restraint of debtors’ bank accounts, through the enactment of the Exempt Income Protection Act (“Act”).
The Act materially changes the process of restraints on debtors’ bank accounts, and the steps that each party to the process must take. The Act imposes new requirements on (a) the bank, to identify and analyze the source(s) of income and deposits into an account; (b) the judgment creditor’s attorney, to issue new exemption notices and forms, and appropriately address claimed exemptions by the debtor; and (c) the debtor, to timely raise any exemption claims upon restraint of an account. Since this process is “brand new” to New York law, the manners in which all of these parties, as well as the court system address the process will evolve from practice and procedure.... (more)
A Practical Guide to Collecting on a Debt in New York State
Installment Payment Agreements with Debtors
At some point in the collection process, the debtor may be either forced to settle the debt or voluntarily settle the debt with the creditor. The debtor might not have sufficient assets or income to pay off the entire debt at once.... (more)
Guide to the Federal Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act, as codified in 15 USC §1692, is a federal statute which governs the practices of "debt collectors." Attorneys engaged in the general practice of law, and debt collection in particular should be mindful of the rules of this federal law.... (more)
Legal Malpractice Articles
The Harsh Rule of the Statute of Limitations in Legal Malpractice Cases
The term “statute of limitations” refers to the period of time in which a plaintiff may bring a lawsuit against a defendant for a claim. Different types of cases are governed by different statute of limitations period (for instance, six years for contract actions in New York, three years for tort actions in New York). The effect of the statute of limitations is that a plaintiff bringing a lawsuit after that period of time has expired is barred from bringing it, and the lawsuit will be dismissed as untimely.... (more)
Proximate Cause and Attorney Malpractice
There is a legal concept in personal injury law called "proximate cause." The big question in holding someone liable for the injuries of another is: "Was the defendant’s action the proximate cause of the injury sustained by the plaintiff?" In other words, was it the defendant’s fault or not.... (more)
The Basic Elements of a Legal Malpractice Case
In every type of lawsuit, a plaintiff (commonly known as the person bringing the case) must make certain allegations of fact against a defendant (the party being sued) and tie those allegations of fact to violations of specific laws or rules. Those violations could be based upon a particular statute or rule or section of law, or common law generally (some times the two overlap as well). If the plaintiff cannot prove that the defendant committed an “actionable” wrong, then the lawsuit will be dismissed by the court – either because there is a failure of proof or because the allegations of proof do not amount to a violation of law as interpreted by the court.... (more)
Real Estate Litigation Articles
Equitable Estoppel of a Mortgagee’s Claim
The doctrine of “equitable estoppel” was applied in a recent case litigated in the Commercial Division of the Kings County Supreme Court. In deciding that a mortgagee was estopped from collecting additional moneys from the mortgagor/cooperative corporation, Justice Carolyn Demarest relied upon the long-standing principle that the courts will not allow a party to “lull” another into inactivity to its detriment. In affirming the Decision and Order of Justice Demarest, the Appellate Division, Second Department found that summary judgment was properly granted on the basis of equitable estoppel..... (more)
License Information
These articles by Richard A. Klass, Esq. may be licensed under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. The publication and license guidelines for the individual articles, as noted at the foot of each article, need to be followed. For those who seek permissions beyond the scope of this license, please contact Mr. Klass (email: RichKlass@CourtStreetLaw.com). Insert the words "reprint permission request" in the subject line of the email.
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