Counsel to Lawyers & Judges
“When the Attorney Grievance Committee Comes Knocking, Let Kaylin Do the Talking.”
“Kaylin has a passion for attorney professional responsibility. I received an investigation letter from the Disciplinary Committee and did not know how to respond. I turned to Kaylin and I’m very glad I did. Kaylin presented a masterful response to the Disciplinary Committee and clearly managed my expectations and fears. Kaylin not only stayed in contact with the Disciplinary Committee to expedite review but also kept me informed every step of the way. I was thrilled to hear that, based on Kaylin’s response alone, the Committee found there was no basis for taking action and closed the matter. It was a stressful situation but Kaylin’s experience working with the Disciplinary Committee and knowledge of the practice area put me at ease. Thank you Kaylin!”
As Seen or Featured
Attorney Discipline Defense
Approximately 12,000 grievance complaints are filed against attorneys in New York each year. Although many are dismissed after investigations by the Attorney Grievance Committees or, the attorneys are privately disciplined, obtaining those results are not by chance. Often such results are end products of attorneys timely retaining counsel to represent them.
Attorneys who have been suspended for more than six months or, who have been disbarred from the practices of law usually face a grueling readmission process that includes retaking the MPRE and proving once again that they possess the moral character and fitness to practice law. Still, this is not all the attorney seeking admission must prove, the Court’s four prong test also includes proving that it would be in the “public interest to reinstate the respondent.”
Outside Ethics Counsel ( Legal Ethics Lab)
Ethics guidance for solos and small firms akin to the guidance provided by in-house ethics (general) counsels at large and medium firms. This gives smaller firms the same protection that’s given. to large and medium law firms with these “gatekeepers” that protect those firms and their attorneys; thereby, minimizing the risk of grievance complaints and malpractice suits that ultimately can shatter their businesses.
Legal Malpractice Defense
Notwithstanding a lawyer’s best efforts, a client may nevertheless bring claims against that attorney alleging negligence and a breach of fiduciary duty. Sometimes the legal malpractice suit stems from a verdict or outcome that’s unfavorable for the client, or a change in position by the client after the fact, other times it is a counterclaim in an attorney fee dispute suit. In other words, a legal malpractice claim can result from any type of case where a lawyer represents a client from simply drafting a Will, to a negotiating a real estate deal, or representing a client in a complex litigation action.
Matter of Banji, 2014 N.Y. App. Div. 3704 (1st Dep’t May 22, 2014).
Matter of Filosa, 112 A.D.3d 162 (1st Dep’t 2013).
Matter of Hession, 111 A.D.3d 137 (1st Dep’t 2013).
Matter of Bruzdziak, 111 A.D.3d 118 (1st Dep’t 2013).
Matter of Telemaque, 110 A.D.3d 210 (1st Dep’t 2013).
Matter of Davis, 109 A.D.3d 154 (1st Dep’t 2013).
Matter of Knudsen, 109 A.D.3d 94 (1st Dep’t 2013).
Matter of Banji, 106 A.D.3d 73 (1st Dep’t 2013).
Matter of Brusch, 105 A.D.3d 124 (1st Dep’t 2013).
Matter of Dimick, 105 A.D.3d 30 (1st Dep’t 2013).
Matter of Cohen, 102 A.D.3d 55 (1st Dep’t 2012).
Matter of Bruzdziak, 102 A.D.3d 193 (1st Dep’t 2012).
Matter of Kim, 100 A.D.3d 246 (1st Dep’t 2012).
Legal Ethics in a New York Minute with Kaylin L. Whittingham
On Advice of Counsel The Educated Client
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