How Can Lawyers Get in Trouble Over Sex?

Author: Bill Cafaro

The most shameful case in recent history was Thomas Lowe, an Egan, MN attorney representing a divorce client, who had an affair with her that lasted seven months. After several arguments with the woman about the affair and his own marriage, Lowe said he was breaking things off. Two days later, he said he was withdrawing as her attorney. That day, the woman, who was vulnerable because of past abuse and mental health treatment, tried to kill herself. While hospitalized, she disclosed the affair.
In giving him an indefinite suspension, the Minnesota Supreme Court found that he had not only had sex with a vulnerable client; he had actually billed her for meetings during which they had sex.¹

sex at the office

Who’s Gotten in Trouble over Sex in New York Recently?

There were two cases in the past year which make for interesting reading. In one, a lawyer offered to represent a prostitute in a small town court upstate in exchange for her services – a good old fashioned barter arrangement. Unfortunately for the lawyer, his client was smarter that he was, and she contacted the police. The prostitute then recorded phone calls with the lawyer, agreeing that they would have sex in exchange for his legal services. As a result, the lawyer plead guilty to loitering for the purposes of prostitution and got community service. The disciplinary committee found that the lawyer had obviously violated the rule against requiring sexual relations as a condition of providing representation², but he was only given a censure, which is essentially a public reprimand. Although we don’t know it for a fact, it’s a safe bet she got the prostitution charge dismissed for turning the lawyer in, because he was certainly a bigger fish than she was.

office romance

In a much more serious case, Tara Lenich, a Deputy Bureau Chief in the Brooklyn District Attorney’s Office, was indicted in federal court and plead guilty to forging wiretap warrants. Because she had a romantic interest in a detective who she suspected of dating another female prosecutor in the same office, she forged judges’ signatures on fake orders authorizing her to eavesdrop on their cell phones and falsified warrants for their text messages. She told her colleagues in the office that she was working on an investigation so secret that no one else could know about. A staffer in the DA’s office became suspicious when she saw another prosecutor’s personal phone number on the eavesdropping warrant. She faces a maximum of 10 years on the guilty plea. Although her sentence will likely be far less than that, she will definitely lose her law license because anyone convicted of a felony³ is subject to automatic disbarment under New York law.

Is Sex Allowed Between a Lawyer and a Client?

So What’s the Rule: Is Sex Allowed4 Between a Lawyer and a Client?

There is a strict prohibition 5 in New York against having sex with a divorce client, because divorce clients are often emotionally vulnerable, and there is an increased risk that the client will be exploited. However, even this rule has an exception if the sexual relations started before the client-lawyer relationship , so a lawyer could legally represent his/her lover in the divorce that followed in the wake of their adulterous affair. Also, any sexual relationship6 that begins after the representation is over would not be breaking any rule, even in a divorce case.

What About Sex with Clients in Non-Divorce Cases?

While there is technically no rule against it, any lawyer that starts a sexual relationship with a current client is entering into a grey area. As one court said “because a sexual relationship between a lawyer and client creates the risk of impairing the professional judgment of the lawyer, and rendering the client unable to make rational decisions related to his or her case, the relationship may be detrimental to the client’s interests. As such, “sexual relations between lawyers and their clients are dangerous and inadvisable””7 If the lawyer is accused of doing anything else that’s against the rules, having sex with that particular client will add a “sleaze factor” to the disciplinary case that won’t lead to any good places.

 

Are Doctors Allowed to Have Sex with Their Patients?

Although the concern used to be confined to psychiatry, since 1991 the American Medical Association has taken a much tougher position and adopted a blanket rule. “Sexual contact that occurs concurrent with the patient-physician relationship constitutes sexual misconduct.” 8That same opinion goes so far as to say that “Sexual or romantic relationships with former patients are unethical if the physician uses or exploits trust, knowledge, emotions, or influence derived from the previous professional relationship.” In fact, the AMA goes so far as to regulate sexual and romantic relationships between doctors and key third parties who accompany their patients.9 What will happen to a doctor who dates a patient seems to vary quite a bit, though, according to the particular state and the particular circumstances.

 

 

  • [1] In re Disciplinary Action against Lowe, 824 N.W.2d 634, 2013 Minn. LEXIS 3, 2013 WL 167954 (Minn. 2013)
  • [2] Rule 1.8[j][1][i], Matter of Shaw, 138 A.D.3d 133, (4th Dep’t 2016).
  • [3] NY Judiciary Law § 90(a), (e)
  • [4] This Post only talks about New York, and these are only general rules and do not constitute legal advice. Before getting the room, check with your lawyer if sex is allowed in your state and your particular circumstances.
  • [5] Rules of Professional Conduct , 12 NYCRR 1200.0, Rule 1.8[j][1][iii].
  • [6] 12 NYCRR 1200.0, Rule 1.8[j][2].
  • [7] Matter of Raab, 139 A.D.3d 116, 119, (1st Dep’t 2016).
  • [8] AMA Journal of Ethics, Opinion 8.14 – Sexual Misconduct in the Practice of Medicine, Issued December 1989; updated March 1992 based on the report “Sexual Misconduct in the Practice of Medicine,” adopted December 1990.
  • [9 ] AMA Journal of Ethics, Opinion 8.145 – Sexual or Romantic Relations between Physicians and Key Third Parties Issued December 1998 based on the report “Sexual or Romantic Relations between Physicians and Key Third Parties,” adopted June 1998.

Astoria, Queens, New York Workers Compensation Attorneys

Pyrros & Serres, LLP Workers Comp, Social Security, Personal Injury Lawyers

Author: Pyrros & Serres LLP

Astoria, New York Workers Compensation Attorneys

Job-Related Injury | Occupational Illness or Disease | Repetitive Stress or Motion Injuries | Temporary or Permanent Disability | Partial or Total Disability | Workplace Trauma

If you’ve been hurt on the job in New York, you have a right to pursue workers’ compensation benefits to cover lost wages and medical expenses. Don’t expect your employer to make it easy for you, though. The company has a vested interest in minimizing or avoiding payment workers’ compensation benefits and their workers’ compensation insurance providers will often engage in tactics to delay, deny or minimize your claim. The attorneys at Pyrros & Serres LLP can help. Read More

Proven Long Island City/Astoria Workers’ Compensation Law Firm

Workers comp claims

At Pyrros & Serres LLP, we take an individualized approach to every case. We take the time to learn exactly what happened in your case, and what you need to move forward. We’ll gather all relevant medical evidence and obtain evidence from all witnesses. Read More

We provide comprehensive counsel to people who have suffered any type of injury at work, including:

Back and Neck Injury | Shoulder, Arm, Hand and Finger Injury | Hip, Leg, Foot and Toe Injury| Burns | Fractures | Paralysis | Traumatic Brain Injury (TBI) | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hearing or Vision Loss | Accidental Death |Occupational Illness

Read More

Pyrros & Serres LLP

Workers’ Compensation Attorneys in Astoria

Trump’s Pick for Supreme Court Justice – Neil Gorsuch

Author: William Cafaro

How Often Has he Ruled in Favor of the Worker in Employment Cases so Far?

As an appellate federal judge on the 10th Circuit Court of Appeals, (where he was appointed by George W. Bush) he decided 23 employment cases, ruling against the worker in 21 of them.

Even though his opinions have a sympathetic sounding tone toward the worker’s plight (unlike the biting sarcasm the late Judge Scalia used), he almost always comes around to explaining why the employer should win. The New York Times ran an article indicating that Democrats would attack him as “No Friend of the Little Guy”.

Can You Give us an Example?

The trailer brakes froze on a big rig, and the truck driver was told to stay on the side of the road with the cargo. After 3 hours in subzero weather, when his torso was numb and he couldn’t feel his legs, the dispatcher told him to keep waiting in the truck, even though the heater wasn’t working, or to drive the rig with the frozen tractor brakes, which was obviously dangerous. Fearing for his health, he drove the tractor off and left the trailer, and was fired for abandoning the cargo. He filed with OSHA under a federal law[1] that says a driver who refuses to operate a vehicle because he is afraid of serious injury to himself or the public can’t be fired for that, and the company had to reinstate him with back pay. When the Company appealed, the driver still won at the federal appeals court, but Judge Gorsuch ruled for the company. His reasoning was that the law literally said that it was for the protection of the driver who refused to operate an unsafe vehicle. Because the driver had the choice of driving with frozen brakes or staying with the cargo and freezing, one of the choices he was given was not illegal, so the company should have been allowed to fire him[2].

What Major Employment Issues Will He Decide if He is Confirmed?

Employees have a major problem now with the issue of “Forced Arbitration”, i.e., many employees, when they are hired, now have to sign papers giving up their rights to go to court if they have any reason to sue the boss; they will only be able to go to an arbitrator, which also stops them from bringing any class actions. For many reasons, covered in an upcoming blog on “Forced Arbitration”, this is very unfair. However, the National Labor Relations Board (NLRB) has held[3] that these forced arbitration agreements violate the federal law[4] which prohibit interference with or restraint of employees’ rights to organize and engage in concerted activities. There is disagreement among the federal appeals courts on this issue, so the Supreme Court has already accepted it, but it has been postponed until the October 2017 term after Gorsuch is confirmed, because it will be a 4-4 if the vote is taken now. This would leave the “split” between the circuits unresolved. The conventional wisdom is that Gorsuch, if confirmed, will rule in favor of enforcing the forced arbitration agreements, and he has made it very clear that he would like to limit or abolish the rule requiring judges to give deference to federal agencies like the NLRB.

A Public Union’s Right to Collect Dues From Non-Member Employees

This is another big issue. The Union’s argument is simple: All of the employees are getting the benefit of the collective bargaining the union does, like wage increases. Why should some of the Employees be able to get a free ride? Conservatives do not want all of the employees to pay union dues because, if union dues are voluntary, many people will generally stop paying them, and as a practical matter, this will mean the end of public unions. Conservatives have an obvious interest in destroying unions because they tend to contribute to Democrats. The recent test case[5] would almost certainly have resulted in an anti-union decision, but it was a 4-4 tie, only because Scalia died between the oral argument and the date the decision came down. When this issue comes up again, Gorsuch, if confirmed, will probably vote against the public unions. If this trend continues in the Supreme Court, which is likely, it is this writer’s personal opinion that within a few more years, private unions will no longer be able to collect dues from dissenting members or non-members. After that happens, all unions will probably go the way of the dinosaur. In the public sector, many union members who resent paying union dues will face a cold hard realization when their wages are sharply cut to balance budgets.

[1] Surface Transportation Assistance Act (STAA), 49 U.S.C. §31105, (a)(1)(B)(ii).

[2] TransAm Trucking, Inc. v. Admin. Review Bd., United States DOL, 833 F.3d 1206, 1215, 2016 U.S. App. LEXIS 18838, *22, 41 I.E.R. Cas. (BNA) 1295 (10th Cir. 2016).

[3] Buy Low Markets, Inc. and Palacios, NRLB, San Francisco Office, Case 21–CA–173346.

[4] National Labor Relations Act, 29 U.S.C. § 158(a).

[5] Friedrichs v. Cal. Teachers Ass’n, 194 L. Ed. 2d 255, 2016 U.S. LEXIS 2264, 136 S. Ct. 1083, 84 U.S.L.W. 4159, 205 L.R.R.M. 3594 (U.S. 2016),

 

Over the last six years, Mr. Cafaro has applied his litigation skills toward representing employees aggressively in overtime and discrimination cases. He has represented hundreds of workers successfully in individual wage and hour cases, including class and collective actions. He also litigates discrimination cases in both the federal and state courts.

Fluency in Spanish helps Mr. Cafaro to communicate with clients in their native language.

Spare Yourselves The Agony By Avoiding “Divorce the Hard Way”

Author: Chris Palermo

While no divorce is ever easy, some divorces are the epitome of divorce gone wrong. Rational thinking is absent and emotions become explosive. As the crazy side of yourself and your partner emerges, you find yourselves arguing over the “kitchen sink.” Maintaining a rational perspective can be difficult, and for this reason it is vital to hire a seasoned divorce lawyer. A divorce attorney will protect your interests and advise so you can listen to a voice of reason.

DivorceExamples of Some Outrageous Divorce Entanglements

  • In an effort to avoid talking about clients or recognizable first hand experiences, I found some examples in the Huffington Post where couples lost a viable perspective. The following do a good job of making the point:
  • One couple argued for two hours over who would get the groceries left in the refrigerator. The value of the groceries was around $40 and the cost of the mediation time was about $1,000.
  • During mediation, a couple efficiently arrived at a settlement for dividing personal property, retirement accounts and real property within and hour and a half. They also agreed on a custody arrangement for their six-year old son. However, they then proceeded to spend four hours arguing about how to divide time spent with their dog, which finally resolved through working out a strict calendared schedule for holidays and precise pickup/drop-off times. Read More

Consult with an Attorney about Your Divorce

It is important to consult with a lawyer early on in a divorce case to avoid unnecessary entanglements. Don’t allow your emotions to get the best of you. Attorney Chris Palermo offers compassionate legal help and can help you protect their rights.

Legal Content: Easy-to-Use Advanced Pre-Configuration

practice management software

Everything you need to run a small law firm

Automated Legal Content

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The legal technology industry often focuses on providing accounting solutions for small law firms, rather than on creating advanced pre-configured and automated content that is the key to managing matters electronically. However, there are legal practice management software systems, such as LEAP, that prioritize content.

The term “content” has been largely undefined within the legal tech industry. It is commonly mistaken as a term synonymous with automated forms. However, content encompasses more than automated forms. In fact, content provides the foundation on which matter types are built and includes the templates and forms that lay at the core of matters. Additionally, content permits the selection of pre-configured matter types from various areas of law. These preconfigured matter types are specific to the area of law of the matter that an attorney is working on. For each matter type, there are input screens that are germane to the requirements of a matter. These input screens act as a checklist for the information needed. The checklist enables the essential information to be auto-populated across multiple forms and templates within seconds. By entering key details into the input screens once, they can then be used throughout the life of the matter—for letters, forms and time-recording.

Legal tech companies that emphasize content often allocate resources to have a skilled team with legal backgrounds. The team is devoted solely to conducting research to build intuitive software that automates information into multiple forms. Dedicated content teams also provide a comprehensive library of up-to-date forms. The library often includes an inclusive collection of forms that spans across all common areas of law and states. To keep forms in their latest versions, content teams forge close relationships with court authorities, so they can be informed of changes before they are enacted. Additionally, most content teams have automated systems in place that scan websites for any updates made to forms. Small law firms can now have access to their own archive of forms, with even the most complex forms at their fingertips.

On-the-spot automation is also made possible with content. Every form has been automated to work with the data recorded in the matter type input screens. In legal management software systems that are content-driven, lengthy forms such as, divorce financials, Client Information Statement (CIS) and Closing Disclosure Form have been automated to work with the data recorded in the matter type input screens. For the CIS, the gross income, deductions and net income, there are no manual calculations. Instead, the behind-the-scenes content team, which acts like a back-end staff, accurately completes these calculations and automates them throughout the forms. Small law firms are saved from manually re-entering the information more than once and can now practice smarter.

Learn how content can turn lost time into billable hours.

Freelance Isn’t Free

Author: William Cafaro

Important New Rights for Freelancers in NYC

  “Freelance Isn’t Free” Bill Passes in NYC, What Does it Mean?

New York City Passes Freelancer Wage Protection Law

The new law covers individuals who provide services, and is only available in the City of New York:

New York City | Queens | Brooklyn | The Bronx

What Does This New Law Mean for Me, as a Freelancer?

It basically gives you the same state law labor rights as employees have. This is HUGE.  It gives you the right to double damages  – $2,000.00 for every $1,000.00 of the agreed price of the work.

If you win, the company will have to pay you a 100% penalty, plus your attorneys’ fees and your court costs.

Why will it be different now?

What if the company never gave me anything in writing saying how much I’d be paid?

What Practical Difference Will this new “ Freelance Isn’t Free” law mean to me?

Read More

Freelance Isn't Free NYC Bill

Now, a lot of companies just aren’t paying you because you have so few legal rights, and they’re just not worried about you suing them. Until this law was passed, most lawyers were not willing to do these cases for a percentage of what they got for you at the end (this is called a “contingency fee”, explained above); they wanted you to pay their legal bills by the hour up front, which you couldn’t afford to do. THIS CHANGES ALL THAT.

If I was hired to do the job by a single individual, as opposed to a company, will this law apply?

Yes, it will.

I consider myself a Freelancer, but how do I know if I can use this new law?

When is this law going into effect?

On May 16, 2017. It will only apply to contracts entered into on or after the effective date

“If you are one of the bottom 99% of the workforce and find yourself at the mercy of the 1%, who own and manage businesses, it is our law firm’s mission to represent you and protect your legal rights. We understand how easy it is for the powerful to take advantage of the little guy. When you need legal help to resolve a troubling employment issue, we are here for you. We are experienced trial lawyers who take pride in fighting for our clients.”  ~ Bill Cafaro

Where can I find the new law?

New York City Passes Freelancer Wage Protection Law: “Freelance Isn’t Free” Here’s the link

 

Why We Favor Diversity in the Workplace

New York’s Personal Injury Attorneys

Our Family Serving Yours for Over 60 Years

Author:Sackstein Sackstein & Lee, LLP
Today, if you live or work in New York City or the metro area, you hear alot about diversity in the workplace and how it is good for businesses. At Sackstein Sackstein & Lee, LLP, we take pride in our diversity. We offer legal services in a variety of languages, including English, Spanish, Korean, Chinese, Greek, Bengali, Urdu, Bangladeshi and Hindi. As our diverse staff members work side-by-side, you’ll see various ethnic groups and races, including African American, Asian, Hispanic and Caucasian.

sackstein-sackstein-lee-llp-staff

The Advantages of Diversity in Business

Companies with diverse staff members are more innovative, productive, better at solving issues and can reach a wider client base. All of these factors are good for businesses.

Resolving Issues

According to The New York Times, studies showed that when a diverse group of people interacted with each other, their answers to analytical questions were more accurate than homogenous groups. In fact, diverse groups had a 58 percent greater accuracy.

Another study put people of different races in a group and had them solve murder mysteries. Again, the diverse group performed significantly better.

Quotes by Mark Sackstein and Eric Lee

Mark H Sackstein Managing Partner

“I believe our firm’s diversity is a great asset for clients who choose us to represent them in personal injury claims. They have a notable advantage when we seek to obtain fair and just case awards on their behalves.”  Mark H. Sackstein

 

 

eric-b-lee-partner“Our firm has helped many people in the Korean community and other ethnic groups to overcome the challenges they face when litigating for deserved compensation. Our abilities to overcome language barriers and work together are invaluable for getting results.” Eric B.

Innovation and Production

Researchers compared banks with and without racial diversity. Studies showed that 177 U.S. banks with diversity had greater financial performance. Bank presidents emphasized innovation when the company was diverse.

In another study, Stanford University researchers had groups discuss social issues, such as child labor and the death penalty. The researchers wrote dissenting opinions and had both African American and Caucasian students deliver the opinion to the groups. Even though students delivered the same dissenting perspective, when an African American presented the perspective to a group of Caucasians, the opinion seemed more novel and led to broader consideration of alternatives.

Various studies concluded that people work harder in diverse environments both socially and cognitively. While they may feel challenged when working through barriers, their hard work leads to better outcomes.

Broader Customer Bases

Because our staff at Sackstein Sackstein & Lee, LLP speaks a variety of languages, we can reach a broader client base than firms where language is limited to English.

we-are-new-yorks-personal-injury-attorneys

Sackstein, Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

 

LEAP – Automate Legal Forms

practice management software

Everything you need to run a small law firm

How to Innovate and Beat the Competition

Although attorneys have traditionally been opposed to change, recent innovations in technology and a heightened sense of competition has forced innovation. Many law firms have increasingly started searching for a solution to spending hours and money on mind-numbing tasks.legal software

Discover the Benefits of Automated Legal Forms

One way in which law firms are discovering the opportunity to have shorter work days and enhance profitability is by automating practice management tasks. The power of automation offers limitless benefits, including filling out a court form within minutes. With automation, there is little to no data entered manually into the forms. Overall, automation allows for a seamless experience, saving time, reducing typographical errors and lessening the workload. LEAP, legal practice management system, offers automated forms and templates that make document production simple.

Enter Data Once and Merge Automatically

With automation, you only need to enter information once to produce multiple documents. Forms are now generated quickly as key data is merged directly from the electronic matters, which are also stored safely and organized within the practice management system. Thousands of mergeable fields allow you to merged data automatically, making the creation of legal forms effortless. The entire process of producing forms from the initial step of locating the legal form to entering the information requires only one simple system. Because you do not have to venture outside the software to find forms or client facts, production of legal forms happens in real time.

Optimize Support Staff

The modern-day attorney who uses the latest technology can click on the legal form he or she needs and automate it within seconds. There is no need to pay support staff to re-key information into separate forms. Automation makes support staff nonessential and even extraneous. The idea of  back office staff becoming obsolete elicits the fear of job loss. However, there shouldn’t be opposition to automation due to the potential job losses that it could cause. In fact, automation doesn’t have to cut jobs, it can give support staff a green light to become useful in other areas within your practice.

Learn how automation can help your firm make more money.

Hiring a Workers’ Compensation Attorney

Hiring a Workers’ Compensation Attorney

Astoria, Queens Workers Comp Lawyers

New York City | Brooklyn | Bronx Workers’ Compensation Lawyers 

If you have been injured at work and you need to file a workers’ compensation claim, here are some basic questions to ask to ensure you get the representation you need:Read More

Hiring a Workers’ Compensation Attorney

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

Protecting Personal Injury Victims for More Than 65 Years

Welcome to Our New Personal Injury Legal Website

Author: Sackstein Sackstein & Lee

 

 

 

 

 

At the law offices of Sackstein Sackstein & Lee, LLP, we’ve focused our practice on the needs of injured people across Long Island, Brooklyn, Queens, the Bronx and the New York City metropolitan area since 1952. We have four offices throughout the greater New York region, in Flushing,Queens, Garden City, Brooklyn and the Bronx. We are proud to offer legal services to clients for whom Korean, Spanish, Chinese,French, Creole, Greek, and Hindi is a primary language.

We are excited to announce the launch of our new website, designed first and foremost to meet the needs of our clients. You’ll find it easy to navigate and filled with clear and comprehensive information about our extensive personal injury practice. As our website indicates, there’s virtually no type of personal injury claim that we can’t handle. In addition, if you want  input from individuals who have used our services in the past, please check out our testimonials page.

At Sackstein Sackstein & Lee, LLP, we have a simple philosophy—we treat our clients like we treat our family. That means that we’ll be available and accessible when you need to talk to us, and that we’ll return your calls and e-mails as soon as we can. We understand the impact a personal injury can have on every aspect of your life, from seemingly simple tasks to earning a living. We’ll take the time to get to know you and learn exactly what happened, as well as what you need to recover as fully as possible from your losses. We have the experience and skill to negotiate a settlement that meets your needs, but if those responsible for your injuries are not willing to negotiate in good faith, we are experienced and effective trial attorneys who are always willing and able to take your case to a judge and jury to get the outcome you want and deserve.

Sackstein-Sackstein-&-Lee-Peer-Rated-by-Martindale-Hubbell

We also understand the comfort that comes from understanding where you stand and what your options are. We’ll keep you fully informed and involved at all times, and we’ll regularly post blogs on our website, so that you can have a better understanding of the law, the process and your claim.

Contact Our Office

At Sackstein Sackstein & Lee, LLP, we look forward to serving you. If you have questions or concerns or would like to schedule a free initial consultation, please send us an e-mail or call us toll-free at (888)519-6400.

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