Law Practice

E-Filing May Become Mandatory in N.Y. Courts

by Fred Abramson on March 4, 2011 · 1 comment

The New York Law Journal reports that a New York Judge will seek authority to require all state courts to implement mandatory electronic filing.  E-Filing is mandatory in Federal Court and in commercial cases for lawsuits over $100,000 in New York County.

Foreseeing “vast” cost savings to the courts, litigants, and the bar, Judge Lippman said Tuesday he will seek authority to require all state courts to implement mandatory electronic filing. “In the year 2011, this is not a pipe-dream, but rather the very least we should be doing to move the courts boldly and efficiently into the 21st century,” the judge said in a statement.

 

 

 E Filing May Become Mandatory in N.Y. Courts

Nearly every lawsuit asks for recovery of attorney fees, costs and expenses for bringing the action.  When potential clients contact my office for the first time for a civil litigation matter, the most common question asked is whether attorney fees are recoverable.

Attorney fees are generally not recoverable.  There are exceptions to this rule, such as when authorized by statute (ie some employment discrimination cases), court rule, or as agreed to by the parties. The case law is rather exhaustive on this subject. I still recall my contract professor in law school engaging my first year contract class on this issue through the use of the socratic method.

Under the English system, the loser of a lawsuit pays for attorney fee’s. However, this was changed in the United States, and under the the American rule, each party has to pay for their own legal costs.  This law was established to protect people and businesses who have small budgets who would not be able to start a lawsuit against a company or individual who has deep pockets.

Following a judgment, your lawyer can include a bill of costs.  This legal document will list the costs and expenses that you can recover in addition to your judgment.  They include the following:

  • Filing fee for the summons and complaint
  • Jury Fees
  • Depositions used at trial
  • Service of summons by Officer or Process Server
  • Service of subpeona by Officer or Process Server
  • Statuatory Witness Fees
  • Lay Expert Witness Fees and Expenses. But regular expert witness fees, such as for a medical doctor in a personal injury action or a forensic accountant in a trademark claim, are not recoverable.

If you have a question about what fees and expenses are recoverable in New York State, contact me at the Law Office of Frederic R. Abramson at 212-233-0666.

The above is for informational purposes and does not constitute legal advice.  This is free. Legal advice is something you pay for.

 What Litigation Costs and Expenses are Recoverable in NY? How about Attorney Fees?

trust agent cover(1) Review of Chris Brogans Trust Summit: Be a Priest and Build a Churchtrusted advisor Review of Chris Brogans Trust Summit: Be a Priest and Build a ChurchSocial Media is an ongoing experiment.  Both people and companies are using this new tool to connect with people that they have never met in person.  The main goal of all of this activity is to generate new business.  The million dollar question is how to convert your Twitter followers and Facebook friends into paying customers.

The answer, according to members of the panel convened on October 23, 2009, at the Trust Summit, is to build trust. In front of a packed room of tweeps at the Harvard Club in NYC, social media rockstars Chris Brogan, Julien Smith, David Maister and Charles H. Green, discussed the issue of trust and how it relates to social networking.

According to Chris Brogan, the relationship economy will move the future. The goal of using social media is to create sustainable relationships over time.

In his book Trust Agents, Chris explains that on the web, groups of highly motivated people within every circle have already joined together, helping each other reach a higher ground. I asked Chris, through Twitter,  how professional service businesses (ie law) can harness this group to become clients. I am skeptical that lawyers and other service businesses can use social media to achieve this goal. Chris responded that you need to be a priest and build a church. What he means is that you should use social media to be part of multiple groups that will help your access each group.  Your goal is to be in the center and be the priest.

The trust paradigm is not new. Charles H. Green lectured that you shouldn’t view business through the lens of competition.  The purpose of companies is to serve society.  He argued that competitors should work together to serve the public.  Cooperation between competitors serves everyone interests.

David Sax, writing in Save the Deli observed this spirit of cooperation in the thriving Los Angeles Jewish Deli scene.  Throughout the country, Jewish Delicatessen is an institution that is in decline.  The pastrami is expensive and people are worried about the impact of schmaltz on their cholesterol.  But in LA, the Jewish Deli is thriving because deli owners cooperate.  If Nate N’ Al’s is out of stuffed derma, they call over to Greenblatt’s  for help.   You should do the same when using social media.

As Julien Smith eloquently put it:  “Social media is still an experiment. Be curious of other people when using social media. Only by risking can we create greater things for everyone.”


 Review of Chris Brogans Trust Summit: Be a Priest and Build a Church

recommended attorneys Is There any Room for Social Media for In House Insurance Defense Attorneys?Today I had a discussion with a friend who works as an insurance defense attorney for a large insurance company.  While sitting on a comfy sofa at Book Review in Huntington, Long Island, I began perusing a copy of The Whuffle Factor by Tara Hunt.  The book is about the importance of creating and implementing social capital. We then discussed its applicability to her job. Does social media have any place for an in-house insurance defense attorney?

Her opinion was a resounding no.  As an employee at an insurance company, she has no clients.  Why bother with social media if you are not looking to connect with anyone? I then asked whether she thought it was important to find out more about opposing counsel through researching their profiles on social networking sites?  She said that it was not worth the effort.

Lastly, I asked whether it should be common practice for her to view the social profiles of opposing plaintiff’s.  For example, wouldn’t it be helpful to view the Facebook page of an injured plaintiff?  What if the there is a current photograph of him playing soccer if he is claiming injury to a torn meniscus?  Wouldn’t it help your case?  She said that she thought that there would be a problem in getting the page into evidence (I certainly don’t agree with her there.)

Do you think my friend is right?  Is there a place for social media for Insurance Defense Attorneys?

 Is There any Room for Social Media for In House Insurance Defense Attorneys?

Chris Anderson, Free Content and Legal Services.

by Fred Abramson on October 1, 2009 · 0 comments

3677090185 b6a644f91c Chris Anderson, Free Content and Legal Services. Once upon a time your lawyer was a person. Potential clients would walk into an attorney’s ornate office to hire him based on a referral from either his accountant,  mother or hairdresser.  Then your attorney became software.  Think Nolo books and Blumberg forms.   With the advent of LegalZoom, your attorney became software on the web and the costs to the consumer were reduced dramatically.  LegalZoom has been able cut into the business of lawyers by offering cheap forms.  Why pay a lawyer $500 to draft a simple will when they can do it themselves?

According to Chris Anderson, author of Free, the marginal costs of distributing content is now zero. This is a game changer.  Lawyers can now give away free content on their blogs and charge for legal services. Bandwith costs nothing.  This has radical implications on how legal information is disseminated.  With a simple free content management system such as WordPress, lawyers can post legal forms for free on their blog and create free podcasts and videos.

The goal now is for lawyers to use free to reach the broadest range of people as possible.  Once a consumer  has a complicated legal matter, they are n0t going to want to settle for the free legal form online. They are going to want to go to a person and that person is going to advise them. That person can charge  more for offering up more specialized work.  You can charge more than the commodity because it is unique and customized and it takes advantage of the lawyer’s brain. Things that are simple can be turned into software and would become free.  They become marketing for something else.

The goal for lawyers is to get potential clients to use their product online, experience their product and put their data into the product. When it comes time to make a more complicated transaction, are they going somewhere else to finish the work, or are they going to go to place where the data is already entered and pay into it?

What are your thoughts? Is free really a game changer for lawyers? Do potential clients really care about free information when hiring an attorney? Will free ever take the place of referrals?

 Chris Anderson, Free Content and Legal Services.

Best Law, Business and Legal Marketing reads for the week

June 5, 2009

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Article of the Week:
10% of Twitter users account for 90% of tweets: http://tr.im/n54w

The latest Law Reads:
@Turkewitz Did Sotomayor Violate NY Ethics Rules in Private Solo Practice with “& Associates” Name? http://bit.ly/eF4jU

@VBalasubramani blogged: “Tony La Russa’s Legal Claims Against Twitter Look Tenuous” http://bit.ly/eDcSe
Social networks increasingly leading to questionable firings http://twurl.nl/w1kyhn
Facebook Friend Earns Judge a [...]

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Breach of Contract Lawsuit in New York: Quick guide to steps

May 18, 2009

The web designer that you hired failed to deliver the new web 2.0 apps on your website as agreed to in your written contract. In the alternative, you have been sued by a customer because they were not happy with the materials that you supplied. Should you call a lawyer and either start or defend a lawsuit? Below, is quick guide that summarizes the basic steps, legal process and expenses to breach of contract lawsuit.

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My 22 Tweets interview

April 1, 2009

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@fredabramson
March 28th, 2009
Frederic Abramson
New York Civil Litigaton Attorney
Author of Frederic R Abramson’s New York Law Blog

Today, we’re tweeting with business lawyer @FredAbramson, a trial attorney based in New York City and author of a business law blog

@FredAbramson, thank you for joining us today on Twitter. Tell us: who is the person behind @fredabramson?
I am a [...]

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Small (Law Firms) are the New Big.

March 10, 2009

Back in August 2006, Seth Godin released Small is the New Big. Seth stated that being big isn’t what it used to be for business. Mega status once mattered in all kinds of ways. Sprawling buildings, giant law firms and big accounting firms were the vogue. “And then small happened,” wrote Seth Godin.

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