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Termination by Client Does Not Bar Penalty Request, N.Y. Judge Rules


New York Law Journal

A law firm's termination by a client cannot protect it from a request for sanctions by the former client and the former client's adversary in a loan repayment action, a New York judge has ruled. The judge declined to dismiss a motion for a penalty against law firm Russ & Russ, ruling that doing so would "allow a lawyer to escape liability for frivolous conduct by arranging to be fired after engaging in mischief, or, by a more civilized approach, by moving to withdraw as counsel."

Full Text: Supreme Court Justice Ira B. Warshawsky of Nassau County, in Rozen v. The Nite Rider Group, Inc., 00148/05.

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