It’s not as simple as one might think.  in Young v Quatela ;2011 NY Slip Op 32143(U); July 18, 2011;Sup Ct, Nassau County;Docket Number: 601658/09;Judge: Thomas Feinman we see how family and representation might be stretched or constricted based upon circumstances.

"The plaintiff moves by way of Order to Show Cause for an order (1) disqualifying the law firm of’ L’Abbate , Balkan, Colavita & Contini, LLP, from further representation in this case because of unauthorized ex pare contact with the plaintiff and plaintiff s father, (2) sanctioning defendant Joseph Quatela and the law firm of’ L’Abbate , Balkan, Colavita & Contini, LLP, awarding plaintiff
attorney s fees, (3) striking the Answer of defendant, Joseph Quatela based upon his misconduct, (4) suppressing any evidence improperly obtained by the defendants, (5) quashing a subpoena calling for the testimony of Raymond M. Young, (hereinafter referred to as "Sr. ), father of Raymond
Young, (hereinafter referred to as "plaintiff’ and " Jr. ). While the movant’s motion , by way or Order to Show Cause, seeks to disqualify the law firm of’ L’Abbate , Balkan, Colavita & Contini, LLP, (hereinafter referred to as the "law firm ), " because of ex pare contact with plaintiff and plaintiff s father , (emphasis added), counsel’ s affirmation in support of the motion only refers to purported ex pare communications with Sr. only, not plaintiff/Jr. , a par in this action.

Plaintiff s counsel later avers that he was retained to represent Sr. in a federal action brought by plaintiffs wife, Deborah Young, against Sr. and defendant, Joseph Quatela, whereby Deborah Young apparently claimed that the defendants wrongfully gained access to her home, while the
matrimonial action between Deborah Young and plaintiff/Jr. was pending. Although the plaintiff has not provided this Court with the name or action number of such federal action, the defendants have annexed a copy of the summons of the civil action entitled Deborah Young, Individually and as the parent and natural guardian of Melissa Young, Emmalee Young and Cecelia Young v. Suffolk County, Suffolk County Department of Social Services, Suffolk County Police Department, Michael Delgado, Joseph Quatela, Edmond Coppa, Individually and Edmond Coppa Photography, Raymond L. Young, Raymond M Young, News Newsday, New York Post, New York Daily News, CBS TV. COM bearing Index Number CV -3325/09, pending in the United States District Court for the Eastern District of New York, to the defendants ‘ crossmotion. The plaintiff, Deborah Young, and the infant plaintiffs, allege that the defendants essentially violated their civil rights. The plaintiffs allege inter alia that on or about February 21 2007, Jr. and others , brought garbage, debris, urine, feces and other matters into the premises and strewn them about, creating unsanitary,  uninhabitable and unsafe conditions while plaintiff left her residence for vacation. The complaint in the federal action also alleges that after Jr. trashed the premises, he summoned workers, friends, his father, the police, his attorney, (defendant herein, Joseph Quatela), the Department of Social Services, the media and others, defaming, embarrassing, ridiculing and humiliating the plaintiff, Deborah Young, and their three children. Thereafter, the complaint provides that the plaintiff children were placed into the custody of the Department of Social Services. 

The plaintiff, in the instant action, provides that the February 21 , 2007 incident drew a
significant amount of media coverage, and therefore, plaintiffs ex-wife brought the federal action.
Plaintiffs counsel submits that he learned that defendant, Joseph Quatela, and defendant’ s counsel
had an ex pare communication with Sr. with respect to a proposed affidavit prepared for Sr.
 signature, as a result of receiving of notice for a deposition, and submits such communication
violates 22 NYCRR 1200 and DR 7- 104(A)(I), and warrants disqualification.

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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.