Attorney fees are regulated, and may be most regulated in matrimonial settings.  22 NYCRR 1400 regulates how fees are calculated, how they are billed, and most importantly, what happens if the procedures are not followed.

In this case, Sheresky Aronson & Mayefsky LLP v. Whitmore, 117068/06 ,Decided: October 5, 2007
Justice Doris Ling-Cohan NEW YORK COUNTY Supreme Court , the law firm of Sheresky Aronson & Mayefsky LLP  successfully represented the wife in a matrimonial, and had their fees paid by the husband.  Nevertheless, they wanted a premium for successful conclusion, from the wife, and proposed a $ 150,000 reward.  The wife paid $ 50,000 and then balked.

Law firm loses, for its failures with regard to 22 NYCRR 1400.3.  "22 NYCRR 1400.3 was "’promulgated to address abuses in the practice of matrimonial law and to protect the public’" (Mulcahy v. Mulcahy, 285 AD2d 587, 588 [2d Dept], lv denied 97 NY2d 605 [2001], quoting Julien v. Machson, 245 AD2d 122, 122 [1st Dept 1997]). The requirement that attorneys execute written retainer agreements with matrimonial clients is found not only in the Rule, but also in Code of Professional Responsibility, in Disciplinary Rule (DR) 2-106 (c) (2) (b), which forbids attorneys from collecting "[a]ny fee in a domestic relations matter . . . unless a written agreement is signed by the lawyer and client setting forth in plain language the nature of the relationship and the details of the fee arrangement." It is well settled that an attorney’s noncompliance with the Rule generally precludes the attorney’s recovery of fees in domestic relations matters (see Ackerman v. Gebbia-Ackerman, 19 AD3d 519 [2d Dept], dismissed 6 NY3d 740 [2005]; Bishop v. Bishop, 295 AD2d 382 [2d Dept 2002]). "

 

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.