THE LO-BONO CONUNDRUM. recent amendment to 22 NYCRR 118.1(e)(14) (the Reporting Rule or the Rule ), which
|
|
- Bertram Collins
- 5 years ago
- Views:
Transcription
1 THE LO-BONO CONUNDRUM By: Ronald C. Minkoff 1 Few court rules in recent years have raised the ire of members of the Bar as much as the recent amendment to 22 NYCRR 118.1(e)(14) (the Reporting Rule or the Rule ), which requires attorneys to report on their biennial registration statements their hours of voluntary pro bono services, and the amounts of their voluntary financial contributions made, to organizations primarily or substantially engaged in the provision of legal services to the underserved and to the poor during the previous biennial registration period. The instructions on the back of the registration statement amplify this requirement slightly, citing to 22 NYCRR Part 1200, Rule 6.1 ( RPC 6.1 ) and stating that the attorney should include services personally provided without expectation of a fee; services that were billed to a client but left unpaid should not be included. Importantly, as described in the accompanying footnote, RPC 6.1 has a more detailed definition of pro bono legal services than the Reporting Rule itself. 2 Also important, Judge Lippman has suggested in public statements that the Reporting Rule has two goals: to gather information about how many lawyers perform pro bono services for indigent clients, and to (indirectly) encourage lawyers to do so. There are many problems with how the Reporting Rule defines pro bono. This article will address just one of them, which we call the Lo-Bono Conundrum. This is the scenario 1 Ronald C. Minkoff is the head of the Professional Responsibility Group at Frankfurt Kurnit Klein & Selz, P.C., with a practice emphasizing professional ethics, legal malpractice and partnership law. He is the Chair of NYCLA s Task Force on Professionalism. The views in this article are his own, except where otherwise noted. 2 RPC 6.1 lists three types of pro bono legal services in which attorneys may engage to meet the court-sponsored goal of 50 hours each year to poor persons: (a) civil matters, and criminal matters for which the government is not obligated to provide funds for legal representation, to persons who are financially unable to compensate counsel; (b) activities related to the improvement of the administration of justice by simplifying the legal process for, or increasing the availability of legal services to, poor persons; and (c) professional services to charitable, religious, civil and educational organizations in matters designed predominantly to meet the needs of poor people.
2 where a lawyer takes on a client with the expectation that the lawyer will get paid for her work, but for one reason or another the client stops paying; and the lawyer continues to serve the client anyway. Though this obviously occurs in all sizes and types of law firms, it has been cited most frequently by solo and small firm practitioners, who often serve low and middle class clients lacking the means to pay the full agreed-upon fee. Excluding this work from the definition of pro bono legal services, these practitioners say, is unfair to them, as they find themselves in this situation often and it is not economically feasible for them to perform 50 hours of work for indigent clients on top of that, as the Rules of Professional Conduct suggest. See RPC 6.1 (50 hour aspirational goal). To help illustrate the Lo-Bono Conundrum, here are two hypothetical examples: Example 1: Jack, a securities broker, found himself in a litigation with a former employer. When he retained his lawyer five years ago, his new business was doing well and he had a large house in the suburbs. As the litigation continued, it proved more protracted and expensive than expected, and Jack began to fall behind on his bills. Ultimately, he was diagnosed with cancer, and has not worked for two years. The litigation has continued, and his lawyer did not have the heart to seek to withdraw; the outstanding balance is now very substantial. While he continues to own his house, he claims he lacks the resources to pay, and his attorney continues to represent him. Example 2: Ben, a currency trader living in Israel, retained a lawyer to represent him in a contract dispute. About two years ago, he stopped making regular payments, claiming a variety of excuses. He then stopped paying completely. The lawyer continued to work for him until the matter was over, believing his repeated excuses and promises to pay. Ben is a proud and secretive person; though the attorney suspects he is having financial difficulties, he has not told the lawyer that, and he has many lucrative but illiquid assets. For the Reporting Rule to have any efficacy at all, lawyers have to know exactly what they have to report. The examples above illustrate why the Lo-Bono Conundrum presents a particular problem in that regard. In Example 1, we know that Jack has stopped working, is seriously ill, and is not paying. Under the language of the Reporting Rule, however, Jack is neither underserved nor poor; his huge house in the suburbs is hardly a sign of poverty. But if the
3 broader definition of pro bono services in RPC 6.1 is taken into account and, as noted, that Rule is actually cited in the instructions on the biennial registration form 3 -- the question is closer. Under RPC 6.1, pro bono services is defined to include professional services rendered in civil matters... to persons who are financially unable to compensate counsel. (Emphasis added.) In addition, the instructions on the registration form suggest that services... provided without expectation of a fee are included. Jack s situation, desperately ill and unable to work, may satisfy this requirement, since it may be impossible for him to continue to pay on a regular basis, or to even borrow against the equity in his house in order to raise the money. In addition to the registration form s language, both logic and policy support using RPC 6.1 to supplement the definition of pro bono services in the Reporting Rule. RPC 6.1 sets the 50-hour annual goal for pro bono legal services; there should be congruence between the RPC and the Reporting Rule which, as noted, is supposedly intended to provide the court system with information as to whether that goal is being met. In addition, defining pro bono services more broadly, as RPC 6.1 does, eliminates some of the objections to the Reporting Rule s drafting by allowing attorneys to report their service on many charitable boards, and on many bar association committees and foundations. While not addressing the legal needs of specific clients, these organizations raise money and advocate for necessary changes that can have a direct and positive impact on poor people involved in the legal system. As to Jack, there is a strong argument for allowing his lawyer to report the hours spent working for him. Once he fell ill, stopped working, and declared his inability to pay, the attorney could have moved to withdraw, but did not. It was certainly no less noble for the 3 In pertinent part, the instructions on the registration form read: Pursuant to 22 NYCRR 118 you must report your voluntary 1(a) unpaid pro bono services and 1(b) financial contributions made to organizations primarily or substantially engaged in the provision of legal services to the underserved and the poor during the previous biennial registration period. See also, 22 NYCRR Part 1200, RPC 6.1. (Emphasis in bold in the original; emphasis in italics added).
4 attorney to continue to work for years for Jack after he had seemingly become impecunious, than it would have been to take on a poor person s work ab initio. Although Jack is a person who has a large suburban home, there are thousands of others in more modest financial circumstances who each year hire a lawyer in good faith, but through a change in circumstances (illness, loss of job, family issues) find themselves financially unable to meet their obligations. See RPC 6.1. And there are thousands of lawyers who act with understanding and sensitivity in continuing to work for those clients with no expectation of payment. Interpreting the Reporting Rule to allow reporting under these circumstances will address concerns by small firm and solo practitioners that the Rule is unfair to them. But before we go too far, we must recognize that the argument to allow reporting by lawyers faced with the Lo-Bono Conundrum is problematic, for several reasons. First, it fails to explain why the drafters of the Reporting Rule did not use the same language as RPC 6.1 or why, other than the ambiguous citation to RPC 6.1 in the registration form, they have not made more of an effort to clarify the interplay between the two Rules. Indeed, the reference in the registration form instructions to services... provided without expectation of a fee is unclear: does it refer only to the attorney s expectations at the beginning of the relationship, or to a later change in circumstances as well? The rest of the sentence, with its reference to services billed to the client but left unpaid, suggests the former. And this suggests the drafters may have intended to limit reporting to services for which the lawyer never expected to receive payment services for the truly indigent, a legitimate focus of the court system s concern in its own right. Second, we often do not know for sure why our clients are not paying us. It is one thing to be screened for indigence by a legal services agency. It is another for a lawyer to take a
5 client s word for indigence, or to assume indigence where it in fact may not exist. This is particularly clear in Example 2 above, where Ben has not told his lawyer the reason for his failure to pay, and the lawyer s suspicions of his financial trouble may be unfounded. Even in Jack s case, we do not know for sure he is unable to pay; he may have enormous savings, or disability insurance taking care of his day-to-day expenses, or other financial resources of which we are unaware. It is, in short, hard to know when a client is truly unable to pay, or is just choosing not to. Third, if the Reporting Rule is intended to gather information on the provision of legal services to underserved communities and to encourage lawyers to serve those communities, neither goal is furthered by allowing lawyers to report work for clients such as Jack and Ben, who at least start out in better economic straits. As just suggested, client payment problems are often as much a product of bad business decisions by attorneys as they are of sudden and unexpected indigence by clients, and it is hard to know which is which. Allowing attorneys to satisfy the Reporting Rule in these situations risks stripping the Rule of any meaning. Still, the Lo-Bono Conundrum is best solved by allowing attorneys to report work they do for clients they know to be financially unable to compensate clients, whether the attorneys have that knowledge at the beginning of the representation or whether it occurs because of subsequent events. This will require a revision of the Reporting Rule to (a) make it congruent with RPC 6.1; and (b) impose a knowledge requirement regarding client indigence. Doing this will encourage attorneys, particularly in cash-strapped practices, to continue working for those clients who fall victim to illness or a changing economy, while allowing them to identify themselves, accurately and appropriately, as meeting the court-imposed goal of pro bono service to their communities.
SCR 20:6.1 Voluntary pro bono publico service
SCR 20:6.1 Voluntary pro bono publico service Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least 50 hours of pro
More informationAugust 7, Technical Director File Reference No Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT
August 7, 2008 Technical Director File Reference No. 1600-100 Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT 06856-5116 The Accounting Standards Executive Committee (AcSEC)
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-424 Issued: March 2005
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-424 Issued: March 2005 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and made
More informationFrequently Asked Questions for Taxpayers with Undisclosed Foreign Bank Accounts
From the SelectedWorks of Kevin E. Thorn March 17, 2010 Frequently Asked Questions for Taxpayers with Undisclosed Foreign Bank Accounts Kevin E. Thorn Available at: https://works.bepress.com/kevin_thorn/1/
More informationWith regard to these scenarios, your request poses the following questions:
LEGAL ETHICS OPINION 1820 CAN AN ATTORNEY EMPLOYEE OF A RAILROAD COMMUNICATE WITH INJURED RAILROAD WORKERS WHO ARE REPRESENTED BY COUNSEL? You have presented two hypotheticals involving the employees of
More informationLimited Scope Representation a/k/a Unbundled Legal Services
Limited Scope Representation a/k/a Unbundled Legal Services by Sara Rittman The Supreme Court adopted rule changes, effective July 1, 2008, clarifying the duties and procedures that apply when an attorney
More informationThe DOL s Proposed 408(b)(2) Regulation: Impact on Broker-Dealers and Registered Representatives
A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Second in a Series The DOL s Proposed 408(b)(2) Regulation: Impact on Broker-Dealers and Registered Representatives By Fred Reish, Bruce Ashton and Debra Davis
More informationForming and Dissolving Partnerships by Hudaidah Bhimdi, Mitch Wexler, and Becki Young
Forming and Dissolving Partnerships by Hudaidah Bhimdi, Mitch Wexler, and Becki Young Hudaidah Bhimdi is a partner at Murray Osorio PLLC. Throughout her legal career, Ms. Bhimdi has successfully represented
More informationOPINION NO. 44. (Issued: November 1995) LIMITATIONS ON ACCEPTING GIFTS UNDER THE CODE OF JUDICIAL ETHICS AND CCP 170.9
OPINION NO. 44 (Issued: November 1995) LIMITATIONS ON ACCEPTING GIFTS UNDER THE CODE OF JUDICIAL ETHICS AND CCP 170.9 I. Introduction Last year the CJA Ethics Committee issued its Formal Opinion 43; that
More informationResponse to SRA Consultation on regulation of consumer credit activities
Response to SRA Consultation on regulation of consumer credit activities 15 December 2014 2014 The Law Society. All rights reserved. The Law Society s response to the SRA s consultation on regulation of
More informationADR AND CIVIL JUSTICE - INTERIM REPORT OF CIVIL JUSTICE COUNCIL
ADR AND CIVIL JUSTICE - INTERIM REPORT OF CIVIL JUSTICE COUNCIL WORKING GROUP OCTOBER 2017 This is the response of NHS Resolution (formerly NHS Litigation Authority) to the consultation questions in the
More informationFCRA: An Employer s Guide and Overview
FCRA: An Employer s Guide and Overview Liability Protection The Importance Of A Reasonable Background Screen Think of a reasonable background screen as an effective and very cost efficient insurance policy.
More informationALL LICENSE FEES AND DISCLOSURES DUE JANUARY 1, 20XX
ALL LICENSE FEES AND DISCLOSURES DUE JANUARY 1, 20XX Name Address Dear Member Name, Enclosed, please find your 20XX license fee packet. This packet contains your invoice and all annual disclosures. Please
More informationHypotheticals for Ethical Issues. ABA Section of Labor and Employment Law 2nd Annual CLE Conference
Hypotheticals for Ethical Issues ABA Section of Labor and Employment Law 2nd Annual CLE Conference Hypothetical No. 1 Attorney Allen Able represented the joint labor-management board of trustees as sole
More informationA Guide for Credit Grantors
A Guide for Credit Grantors Extending Credit, Managing Your Company s Delinquent Accounts and When to Hire a Third-Party Debt Collector Consumer Credit The extension of credit to consumers and the resulting
More informationA Guide for Credit Grantors:
: Extending Credit, Managing your Company s Delinquent Accounts and When to Hire a Third-Party Debt Collector Consumer Credit The extension of credit to consumers and the resulting debt has steadily increased
More informationFORGIVE AND FORGET - - THE CALIFORNIA EMPLOYMENT TAX AMNESTY. By Steven Toscher, Esq. March, 1995
FORGIVE AND FORGET - - THE CALIFORNIA EMPLOYMENT TAX AMNESTY By Steven Toscher, Esq. March, 1995 INTRODUCTION Should a taxing authority be able to forgive and forget - - that is, grant amnesty to taxpayers
More informationFebruary 2010 Bar Examination
February 2010 Bar Examination Question 1 Michael and Jane Johnson (hereinafter collectively referred to as "Johnsons") entered into a contract with Speedy Realty, Inc. (hereinafter referred to as "Speedy")
More informationCOMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW. Appointed by the Supreme Court of New Jersey
-- N.J.L.J. -- (May --, 2016) Issued by UPLC May 16, 2016 COMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW Appointed by the Supreme Court of New Jersey OPINION 53 Non-Lawyer Medicaid Advisors (Including Application
More informationTable of Contents Board on Judicial Standards. Agency Profile...1 Expenditures Overview (REVISED)...3 Financing by Fund (REVISED)...
Table of Contents Board on Judicial Standards Agency Profile...1 Expenditures Overview (REVISED)...3 Financing by Fund (REVISED)...4 Board on Judicial Standards http://www.bjs.state.mn.us/ AT A GLANCE
More informationBANKING. Q&A with OFFSHORE STEVEN GOLDBURD ABOUT AND THE ATTORNEY
Q&A with ATTORNEY STEVEN GOLDBURD ABOUT OFFSHORE BANKING AND THE There was big news last week about Bank Leumi s $400 million deal with the Department of Justice due to allegations of tax evasion. Yes.
More informationBy first-class mail and
COMMITTEE ON EMPLOYEE BENEFITS & EXECUTIVE COMPENSATION MATTHEW L. EILENBERG CHAIR 875 THIRD AVENUE 17 TH FLOOR NEW YORK, NY 10022-6225 Phone: (212) 251-5718 Fax: (212) 644-6483 matthew.eilenberg@towerswatson.com
More informationFrequently Asked Questions for Chapter 13 Bankruptcy
Frequently Asked Questions for Chapter 13 Bankruptcy What is going to happen now that I have filed a Chapter 13 bankruptcy? Since you have just filed a Chapter 13 Bankruptcy, you probably have a lot of
More informationTestimony for Public Hearing on the FY 2014 Budget of the Department of Human Services
Testimony for Public Hearing on the FY 2014 Budget of the Department of Human Services Council of the District of Columbia Committee on Human Services April 19, 2013 at 11:00am Stephanie Akpa Staff Attorney/Equal
More informationKEY GUIDE. Business succession planning
KEY GUIDE Business succession planning When disaster strikes What happens to a business if its owner or co-owner dies or falls seriously ill? Much will depend on the type of business sole trader, partnership
More informationLAW COMMISSION RECOMMENDS MAKEOVER FOR NEW ZEALAND TRUST LAW
MEDIA RELEASE 11 September 2013 Hon Sir Grant Hammond KNZM President Law Commission LAW COMMISSION RECOMMENDS MAKEOVER FOR NEW ZEALAND TRUST LAW The Law Commission is recommending a new Act clarifying
More informationConference of European Lawyers in London on Swiss Franc Loans to Consumers 9/9/2015.
Conference of European Lawyers in London on Swiss Franc Loans to Consumers 9/9/2015. SWISS FRANC LOANS IN PRACTICE AND BANKING ETHICS EVI AVLOGIARI Attorney & Counsellor at- law (Supreme Court) Accredited
More information17. Social Security. Congress should allow workers to privately invest at least half their Social Security payroll taxes through individual accounts.
17. Social Security Congress should allow workers to privately invest at least half their Social Security payroll taxes through individual accounts. Although President Bush failed in his efforts to reform
More informationIN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, s. 275, and Regulation 664 and 668 thereunder;
IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, s. 275, and Regulation 664 and 668 thereunder; AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION
More informationFairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO Telephone: (719) Facsimile: (719)
HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1530 Sixteenth Street, Suite 200 Denver, Colorado 80202-1468 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Kendra L. Carberry Jefferson
More informationComparison of Newly Adopted Delaware Rules of Professional Conduct with ABA Model Rules DELAWARE
Comparison of Newly Adopted Delaware Rules of Professional Conduct with ABA Model Rules DELAWARE Final rules approved by the Delaware Supreme Court to be effective July 1, 2003. Amendments to Rule 5.5
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG
REPUBLIC OF SOUTH AFRICA IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Case no: JA90/2013 Not Reportable In the matter between: NATIONAL UNION OF MINEWORKERS TAOLE ELIAS MOHLALISI First Appellant
More informationPolicy Brief. Monitoring and Evaluation A Roadmap to Results on Roma Inclusion
Policy Brief Monitoring and Evaluation A Roadmap to Results on Roma Inclusion Sandor Karacsony, Consultant, Open Society Roma Initiatives While there is no shortage of myths and beliefs about the Roma,
More informationFlat Fees: A Three-Dimensional View. By: Dorothy Anderson First Assistant Bar Counsel June 2018
Flat Fees: A Three-Dimensional View By: Dorothy Anderson First Assistant Bar Counsel June 2018 For a variety of reasons, a lawyer may prefer to charge a client on a flat fee basis and a client may prefer
More informationPresentation by: Lawrence J. Wolk, Esq.- Advanced Real Estate- New York, New York- December 12, 2016 (submitted 11/30/16)
Hot Topics: Opinion Letters in Commercial Mortgage Financing Transactions- 2016-Two Recent National Reports Provide Guidance for the Experienced Practitioner Presentation by: Lawrence J. Wolk, Esq.- Advanced
More informationCase 1:17-cv LTS Document 42 Filed 05/16/18 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Case 1:17-cv-11524-LTS Document 42 Filed 05/16/18 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ADMIRAL INSURANCE COMPANY, Plaintiff, v. Civil No. 17-11524-LTS KEYSTONE ELEVATOR SERVICE
More informationTable of Contents Board on Judicial Standards
Table of Contents Board on Judicial Standards Agency Profile...1 Expenditures Overview...3 Financing by Fund...4 Change Item: Executive Secretary Retirement Payout...5 Change Item: Employee Salary and
More informationAudit Engagement Letter a. [CPA Firm s Letterhead]
8 EBP 2/15 EBP-CL-1.1: Audit Engagement Letter a [CPA Firm s Letterhead] [Date] [Identify the body or individual(s) charged with governance.] and [Name of Management] b [Client s Name and Address] We are
More informationNone-Profit to cut down interest rates on loans for caregivers
Helping Caregivers Around the World None-Profit to cut down interest rates on loans for caregivers Background: Caregivers pay thousands of dollars placements fees in order to get overseas work. They often
More informationInitial "Inventor" Interview (Practical Legal And Business Considerations)
Initial "Inventor" Interview (Practical Legal And Business Considerations), St. Paul, MN *, Woodbury, MN* The purpose of this paper is to outline types of discussions that can be helpful in deciding whether
More informationVia Federal erulemaking Portal at (IRS REG )
December 9, 2015 Via Federal erulemaking Portal at www.regulations.gov (IRS REG-138344-13) CC:PA:LPD:PR (REG-138344-13) Room 5203 Internal Revenue Service POB 7604 Ben Franklin Station, Washington, DC
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. JOHN BRADLEY PETERS, SR., Appellant No. 645 WDA 2012 Appeal from
More informationCOUNSEL Ms Paterson (February) and Mr Hodge (July) for the Standards Committee Mr Godinet for the Practitioner
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2016] NZLCDT 23 LCDT 011/15 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND ROBERT
More informationEthics Informational Packet NOTIFYING CLIENTS OF CHANGE IN FIRM COMPOSITION. Courtesy of The Florida Bar Ethics Department
Ethics Informational Packet NOTIFYING CLIENTS OF CHANGE IN FIRM COMPOSITION Courtesy of The Florida Bar Ethics Department TABLE OF CONTENTS Document Page # RULE NOTIFYING CLIENTS WHEN LAWYERS LEAVE FIRMS
More informationFILED: NEW YORK COUNTY CLERK 02/20/ :36 PM INDEX NO /2018 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/20/2018
Page 1 Tradition, Excellence, Knowledge and Vision Comments of Richard Estrella for January 12, 2018 Hearing Before N.Y. Assembly Standing Committee on Insurance Good Morning. My name is Richard Estrella
More informationACCESS TO JUSTICE UNDER THE IOWA RULES OF PROFESSIONAL CONDUCT
1 ACCESS TO JUSTICE UNDER THE IOWA RULES OF PROFESSIONAL CONDUCT Right to Counsel - Criminal vs. Civil 2 The U.S. Supreme Court in Gideon v. Wainright recognized that every person accused of a crime whether
More informationM O D I F I C AT I O N PA M P H L E T
THE STATE BAR OF TEXAS LOAN M O D I F I C AT I O N SCAM PA M P H L E T As the number of foreclosures grows, many thieves are swindling money from homeowners by preying upon fears of losing a home. The
More informationTrial Lawyers Committed to Excellence
Trial Lawyers Committed to Excellence our philosophy At Bancroft McGavin Horvath & Judkins, P.C., we are focused on and responsive to the needs of our clients and devoted to developing lasting attorney/client
More informationEstate Planning. Insight on. Saving for college is also good for your estate plan. Will your estate plan benefit from a trust protector?
Insight on Estate Planning Year End 2014 Saving for college is also good for your estate plan Will your estate plan benefit from a trust protector? Charitable deductions Substantiate them or lose them
More informationThe ICC Launches New Guide for In-House Counsel on Effective Management of International Arbitration
June 12, 2014 INTERNATIONAL ARBITRATION UPDATE The ICC Launches New Guide for In-House Counsel on Effective Management of International Arbitration On June 6, 2014, the International Chamber of Commerce
More informationASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Litigators
ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields of employment.
More informationWorld Bank Administrative Tribunal. Decision No BU, Applicant. International Bank for Reconstruction and Development, Respondent
World Bank Administrative Tribunal 2012 Decision No. 465 BU, Applicant v. International Bank for Reconstruction and Development, Respondent World Bank Administrative Tribunal Office of the Executive Secretary
More informationCommuniqué. A Practice Management Newsletter. July Insurance Design Professional
Communiqué A Practice Management Newsletter Insurance Design Professional July 2015 In this issue: Fee Claims: A Cautionary Tale How Do You Measure Success? Communiqué July 2015 2 Fee Claims: A Cautionary
More informationFor case information, client communication issues, etc., you should first contact the paralegal that assigned the case to you: (443)
Welco Welcome to Maryland Volunteer Lawyers Service (MVLS), the largest pro bono legal services provider in Maryland! Thank you for your willingness to serve as a volunteer to our clients. You've joined
More informationSEACAP ADVISORS, LLC ITEM 1 COVER PAGE ADV PART 2 A
SEACAP ADVISORS, LLC This brochure provides information about SeaCap Advisors, LLC s ( SeaCap, SeaCap Advisors ) qualifications and business practices. If you have any questions about the contents of this
More informationWhat is Buying on Credit? What Kinds of Things Are Usually Bought on Credit? What is the Difference Between Open-End Credit and Closed-End Credit?
buying on credit What is Buying on Credit? When you buy on credit, you pay extra for the privilege of spreading your payments out over a period of time. What Kinds of Things Are Usually Bought on Credit?
More informationCan an Insurance Company Write a Reservation of Rights Letter that Actually Protects Their Right to Deny Coverage in Light of Advantage Buildings?
Can an Insurance Company Write a Reservation of Rights Letter that Actually Protects Their Right to Deny Coverage in Light of Advantage Buildings? By Kevin P. Schnurbusch Rynearson, Suess, Schnurbusch
More informationCommon Fatal Mistakes in Doctor s and Dentist s Disability Insurance Claims Asset Protection
1 Common Fatal Mistakes in Doctor s and Dentist s Disability Insurance Claims Asset Protection March 25, 2011 I don t sell insurance, but part of the education I provide all clients is the value and limits
More informationPETCO INTERNATIONAL, LLC FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY POLICY. Effective: January 1, 2012
PETCO INTERNATIONAL, LLC FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY POLICY Effective: January 1, 2012 ( PETCO ) must comply with all anti-bribery laws, including the U.S. Foreign Corrupt Practices
More informationALERT. PCAOB Adopts New Auditor Reporting Standard. Securities & Public Companies. July 20, 2017
ALERT Securities & Public Companies July 20, 2017 PCAOB Adopts New Auditor Reporting Standard After more than six years of outreach and public comment, on June 1, 2017, the Public Company Accounting Oversight
More informationCODE OF BUSINESS CONDUCT AND ETHICS
Effective: 1 st April 2015 Table of Contents 1. PURPOSE... 3 2. SCOPE... 3 3. OWNERSHIP... 3 4. DEFINITIONS... 3 5. CONFLICTS OF INTEREST... 3 6. CORPORATE OPPORTUNITIES... 4 7. CONFIDENTIALITY AND PRIVACY...
More informationThe Proper Use of Prior Disclosures on Export Violations
August 8 th, 2016 Adrienne Braumiller Braumiller Law Group PLLC Lawrence W. Hanson The Law Office of Lawrence W. Hanson, P.C. The Proper Use of Prior Disclosures on Export Violations Should You Disclose?
More informationFrequently Asked Questions About North Carolina Automobile Accident Related Property Damage Claims
Complimentary Copy Frequently Asked Questions About North Carolina Automobile Accident Related Property Damage Claims By The Law Offices of James Scott Farrin 1 INTRODUCTION This informational booklet
More informationPitfalls of Adding Clients or Other Design Professionals as Additional Insureds
BluePrint For Design Professionals Pitfalls of Adding Clients or Other Design Professionals as Additional Insureds By Thomas Hay and Kevin Kieffer Architects and engineers who obtain professional liability
More informationI Never Thought It Could Happen to Me
DISABILITY insurance I Never Thought It Could Happen to Me What if? During your education and professional experience so far, you may have seen or heard about people who suffer disabling illnesses or injuries.
More informationBrooklyn Bar Association Volunteer Lawyers Project, Inc. Financial Statements December 31, 2014 and 2013
Brooklyn Bar Association Volunteer Lawyers Project, Inc. Financial Statements December 31, 2014 and 2013 Contents December 31, 2014 and 2013 Page(s) Independent Auditors Report... 1 Financial Statements
More informationbe known well in advance of the final IRS determination.
Tax-exempt organizations, however, do not function in a perfect world. When the IRS opens an examination, it usually does so for the earliest tax period for which an organization s statute of limitations
More informationGRANITE REIT INC. and GRANITE REAL ESTATE INVESTMENT TRUST. Anti-Bribery Policy
GRANITE REIT INC. and GRANITE REAL ESTATE INVESTMENT TRUST Anti-Bribery Policy Application This Anti-Bribery Policy applies to all employees, directors and trustees of Granite REIT Inc. and Granite Real
More informationBrooklyn Bar Association Volunteer Lawyers Project, Inc. Financial Statements December 31, 2013 and 2012
Brooklyn Bar Association Volunteer Lawyers Project, Inc. Financial Statements December 31, 2013 and 2012 Contents December 31, 2013 and 2012 Page(s) Independent Auditors Report... 1 Financial Statements
More informationResults of the 2012 Economics and Law Office Management Survey
Results of the 2012 Economics and Law Office Management Survey February 2013 INTRODUCTION The Florida Bar is one of the largest unified state bar associations in the United States. Its recorded history
More informationThe Code of Ethics for Arbitrators in Commercial Disputes Effective March 1, 2004
The Code of Ethics for Arbitrators in Commercial Disputes Effective March 1, 2004 The Code of Ethics for Arbitrators in Commercial Disputes was originally prepared in 1977 by a joint committee consisting
More informationINSURANCE BROKERS AND AGENTS OF THE WEST
INSURANCE BROKERS AND AGENTS OF THE WEST Mailing Address: 505 Montgomery Street, 11 th Floor San Francisco, CA 94111 Direct Phone: (415) 378 9300 Fax: (415) 874-3001 Email: syoung@ibawest.com Stephen L.
More information2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
Page 1 ABA Formal Op. 93-379 A.B.A. ABA Comm. on Ethics and Professional Responsibility, Formal Op. 93-379 American Bar Association BILLING FOR PROFESSIONAL FEES, DISBURSEMENTS AND OTHER EXPENSES December
More informationEngagement Terms & Conditions
Engagement Terms & Conditions Under the requirements of our profession, we have prepared this written Engagement Terms & Conditions. Arkin & Associates, P.C. will provide professional accounting services
More informationA RESPONSE BY THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES. Extension of the RTA Scheme: Proposals on Fixed Recoverable Costs
A RESPONSE BY THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES Extension of the RTA Scheme: Proposals on Fixed Recoverable Costs January 2013 1. This response represents the views of the Chartered Institute
More informationZAREK TAYLOR GROSSMAN HANRAHAN LLP BARRISTERS. Eric K. Grossman November 29, 2013
20 Adelaide Street East, 13th Floor Toronto, Ontario M5C 2T6 Main: 416-777-2811 Fax: 416-777-2050 www.ztgh.com Eric K. Grossman 416-777-5222 egrossman@ztgh.com November 29, 2013 Senior Manager of Insurance
More informationArticle from: Long-Term Care News. May 2012 Issue 31
Article from: Long-Term Care News May 2012 Issue 31 Managing the Risks of the Long-Term Care Insurance Reinstatement Process by Loretta Jacobs As many long-term care (LTC) insurance blocks of business
More informationPOPULAR MISCONCEPTIONS ABOUT ESTATE PLANNING. By Lisa Pepicelli Youngs, Esq.
POPULAR MISCONCEPTIONS ABOUT ESTATE PLANNING 1. Only wealthy people need Wills. By Lisa Pepicelli Youngs, Esq. FALSE. Every person should have a Will regardless of the value of assets. A Will serves many
More informationSteven C. Agee Economic Research and Policy Institute
Steven C. Agee Economic Research and Policy Institute November 10, 2011 Economic Research & Policy Institute Oklahoma City University 2501 N. Blackwelder Oklahoma City, OK 73106 The Steven C. Agee Economic
More informationPOLICY: FINANCIAL ASSISTANCE, BILLING AND COLLECTIONS
SUBJECT: Financial Assistance, Billing and Collections ORIGINATED BY: Finance Department APPROVED BY: Administrative Staff LEGAL REVIEW: POLICY NO: DATE OF ORIGIN: 12/29/15 REVIEW DATES: 11/18/15 LATEST
More information10 Tips For Pursuing Claims After Construction Accidents
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com 10 Tips For Pursuing Claims After Construction Accidents
More informationChallenges and Considerations
Challenges and Considerations in Evaluating International Arbitration Venues Claudia T. Salomon Partner and Co-Chair, International Arbitration Practice Group DLA Piper LLP 1 [An Excerpt] Understanding
More informationJoint Ventures Between Attorneys and Clients
Joint Ventures Between Attorneys and Clients By Dashiell C. Shapiro Wood LLP Mergers and acquisitions issues arise in a wide variety of contexts, often where you least expect them. One particularly interesting
More informationBefore Disaster Strikes! Third Party Vendor Contracts
Before Disaster Strikes! Third Party Vendor Contracts Association of Chief Business Officials (ACBO) 2017 Fall Conference October 23, 2017 Presented by: Felipe R. Lopez & Eileen O Hare-Anderson Overview
More informationExtension Time The IRS Gets Extra Time to Assess Tax Based on Preparer Fraud
Extension Time The IRS Gets Extra Time to Assess Tax Based on Preparer Fraud Podcast of March 10, 2007 Feed address for Podcast subscription: http://feeds.feedburner.com/edzollarstaxupdate Home page for
More informationDealing with Client Outside Counsel Guidelines and Other Non-Standard Client Engagement Terms. by Gilda T. Russell 1
Dealing with Client Outside Counsel Guidelines and Other Non-Standard Client Engagement Terms I. Introduction. by Gilda T. Russell 1 In the last decade, law firms have seen a proliferation in numbers and
More informationLawyers Professional Liability Claims Trends: 2011
Lawyers Professional Liability Claims Trends: 2011 Introduction As a leader in providing insurance brokerage and risk management consulting services to law firms throughout the U.S., Ames & Gough is committed
More informationIncentives for Nondiscriminatory Wellness Programs in Group Health Plans
Office of Health Plan Standards and Compliance Assistance Employee Benefits Security Administration Room N-5653 U.S. Department of Labor 200 Constitution Avenue NW Washington, DC 20210 Re: Dear Sir or
More informationDivorce, Pensions and Retirement Benefits
Divorce, Pensions and Retirement Benefits Number: 35 Paul Commerford President LawDATA, Inc. October 2005 Defined Contribution Plans Problems in Accurately Identifying the Marital Share Introduction: A
More informationRequest for Proposal. Legal Counsel to Serve as Fiduciary Counsel
Request for Proposal Legal Counsel to Serve as Fiduciary Counsel May 2017 1 STATE UNIVERSITIES RETIREMENT SYSTEM REQUEST FOR PROPOSALS FOR LEGAL COUNSEL TO SERVE AS BOARD FIDUCIARY COUNSEL (Please reference
More informationBusiness succession planning
KEY GUIDE Business succession planning When disaster strikes What happens to a business if its owner or co-owner dies or falls seriously ill? Much will depend on the type of business sole trader, partnership
More informationBEST PRACTICES FOR TRUST ACCOUNTING
Ellen Freedman, CLM 2017 It s rare that a week goes by without receiving at least one hot line call which has been referred to me by someone at the IOLTA Board. It s hard to believe that lawyers still
More informationDanger: Misclassifying Employees Can Lead to Huge Liability!
Danger: Misclassifying Employees Can Lead to Huge Liability! Paying your workers and laborers as independent contractors? Avoiding paying overtime just because certain employees are on salary? Think twice.
More informationBusiness succession planning. Key Guide
Business succession planning Key Guide When disaster strikes If you are a business owner, business succession planning and insurance is important. It is simply the process of planning for what you want
More informationRegulatory advice and custom compliance solutions for the municipal securities community
April 11, 2011 Mr. Ronald W. Smith Corporate Secretary Municipal Securities Rulemaking Board 1900 Duke Street Alexandria, VA 22314 Sent via email to CommentLetters@msrb.org Re: MSRB Notice No. 2011-12:
More informationLawyers Professional Liability Insurance 2018 Update By Christopher Buckman, MBA and Michael McCormick, Esq.
Lawyers Professional Liability Insurance 2018 Update By Christopher Buckman, MBA and Michael McCormick, Esq. Douglas Elbert County Bar Association Meeting Tuesday April 17, 2018 Social Hour 5:30 p.m. Meeting
More informationSubject ANTI BRIBERY POLICY Section POLICY STATEMENT Sponsor CHIEF LEGAL OFFICER
Subject ANTI BRIBERY POLICY Section POLICY STATEMENT Sponsor CHIEF LEGAL OFFICER Number Version 1.0 Effective Date: December 2014 Anti Bribery Policy Indivior PLC, its subsidiaries and related companies
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. KEVIN PLANKER, Plaintiff-Appellant, v. DAYNA KOTT, Defendant-Respondent. Submitted
More information401(K) AND 403(B) PLAN SPONSORS AND THEIR FIDUCIARY DUTIES FOR REVENUE SHARING
401(K) AND 403(B) PLAN SPONSORS AND THEIR FIDUCIARY DUTIES FOR REVENUE SHARING JUNE 2017 A WHITE PAPER BY FRED REISH TABLE OF CONTENTS JUNE 2017 401(k) Plan Sponsors and Their Fiduciary Duties for Revenue
More informationThe Voice of OECD Business
The Voice of OECD Business Paris, 16 August 2007 Subject: OECD Discussion Draft entitled Application and Interpretation of Article 24 (Non- Discrimination) dated 3 May 2007 ( Discussion Draft ). Dear Jeffrey,
More information