December 30, 2011

Fee forfeitures.

Practice point: An attorney who violates a disciplinary rule may be discharged for cause and is not entitled to any fees for services rendered.

Student note: Misconduct that occurs before an attorney's discharge but is not discovered until after the discharge may serve as a basis for a fee forfeiture.

Case: Doviak v. Finkelstein & Partners, LLP, NY Slip Op 09085 (2d Dept. 2011).

Here is the decision.

Tuesday’s issue: Bifurcated trials.