in new york how do you determine when an attorney has appeared on cases

How do I find a pending case in New York?

No attorney in New York can ever decide whether your medical malpractice matter has merit just based on an initial consultation. It's impossible, even it your matter is totally clear cut. Here's why... The only way an attorney will know if you have a good case is to first obtain ALL of your medical records. All relevant records.

How do I search for a court in New York?

An attorney admitted pro hac vice in an action, an unrepresented litigant, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business as required by the jurisdiction in which the business ...

Where can I find civil cases in New York State?

This pamphlet is designed to assist persons seeking to practice law in New York, as well as newly-admitted attorneys, in learning about the court system, the requirements for admission to the bar, membership in the bar and practice in New York state. The pamphlet also contains a listing of some useful reference works and addresses.

Do New York State Courts award attorney fees?

Dec 02, 2021 · WebCivil Local contains cases from all the local Civil Courts in New York State (61 City Courts, the District Courts in Nassau and Suffolk Counties, and the New York City Civil Courts). You may search for cases by Index Number, Party Name, Attorney/Firm Name or Judge, and produce calendars for a specific Attorney/Firm or by Judge or Part.

What does 18B mean?

Pursuant to Article 18B of the County Law, the Assigned Counsel Plan has been providing quality legal services to indigent persons within the Bronx and New York County Criminal Courts since 1966. The Plan provides compensation to private attorneys for representing indigent clients charged with criminal offenses.Aug 24, 2020

Can a non lawyer represent you in court New York?

Your friend or acquaintance is in trouble with the law and needs legal support. In such a situation, you can only give some information, support, and/or offer some piece of advice on how to proceed. You can't represent anybody but yourself in the court.May 16, 2017

What is a frivolous lawsuit in NY?

Establish the conduct was "frivolous" under Rule 130-1.1 because a party or counsel: asserted false statements of material fact; engaged in conduct that has no legal merit and cannot be supported by a reasonable argument to extend, modify, or reverse existing law; or.

What happens if the petitioner does not show up for court?

Generally speaking, if the petitioner does not show up for court for a civil claim, and there is no notice or reason provided, the matter will be dismissed by the court without prejudice, and the petitioner may reopen the matter if they so wish.

What can a McKenzie friend do?

A McKenzie Friend is someone who accompanies a litigant in Court to provide moral support. They may also take notes, help the litigant find the correct papers and give advice on questions to ask witnesses etc. They cannot however speak for the litigant, or run the case for them.Jul 10, 2020

Can non lawyer appear in court?

Non-lawyers in courts. 1) When non-lawyers may appear in court: GENERAL RULE: Those licensed to practice law are only those allowed to appear in court. a) Civil cases: self-representation is generally allowed.Apr 8, 2021

Can a judge award sanctions for a frivolous lawsuit?

A judge may award sanctions for a frivolous lawsuit, motion or appeal. Such sanctions may include awarding the opponent costs, attorney fees, and in at least one case, the offending attorney was ordered to attend law school courses.

What CPLR 3126?

Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party 'refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.Mar 12, 2021

Does the plaintiff have to be present in court?

Before a plaintiff can win a case, the plaintiff must present evidence proving the truth of the facts stated in the complaint. This requirement makes it's virtually impossible for the plaintiff to prevail without showing up.

Why would a good lawyer not tell a client how their case will come out at the initial consultation?

Why would a good lawyer not tell a client how their case will come out at the initial consultation? A good lawyer knows that every case is different and without doing research. A good lawyer will not guarantee the outcome of any case.

What happens when plaintiff is absent on the date of hearing?

When neither the plaintiff nor the defendant appears before the court when the suit is called for hearing, then the court is empowered to dismiss the suit under Rule 3 of Order IX. The dismissal of the suit under this rule does not put a bar on filing a fresh suit on the same cause of action as per Rule 4.Jul 4, 2019

Why do courts have a staggered court appearance?

Staggered court appearances are a mechanism to increase efficiency in the courts and to decrease lawyers’ time waiting for a matter to be called by the courts. While this rule is intended to streamline the litigation process, it will be ineffectual without the cooperation and participation of litigants. Improving the process of litigation by instituting staggered court appearances, for example, requires not only the promulgation of rules such as this one, but also, and more importantly, the proactive and earnest adherence to such rules by parties and their counsel and the court.

Which article of the New York State Real Property Law applies to all tax assessments?

(a) Applicability. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the Real Property Tax Law in counties outside the City of New York.

What is a notice of motion in the CPLR?

In addition, except as provided in subdivision (d) of this section, no motion shall be filed with the court unless there have been served and filed with the motion papers (1) a notice of motion, and (2) with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

How many words are in a reply affidavit?

(a) Unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for

Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for the appointment of a guardian, pursuant to the Mental Hygiene Law or Article 17-A of the Surrogate's Court Procedure Act, or for any substitute for or successor to such person:

Who may authorize the creation of a program for the appointment of attorneys as special masters in designated courts?

The Chief Administrator of the Courts may authorize the creation of a program for the appointment of attorneys as special masters in designated courts to preside over conferences and hear and report on applications to the court. Special masters shall serve without compensation.

What is the procedure for oral argument in a motion?

(a) Each court or court part shall adopt a procedure governing request for oral argument of motions, provided that, in the absence of the adoption of such a procedure by a particular court or part, the provisions of paragraph (b) shall apply. The procedure to be adopted shall set forth whether oral argument is required on all motions or whether the court will determine, on a case-by-case basis, whether oral argument will be heard and how counsel shall request argument and, if oral argument is permitted, when counsel shall appear.

WHEN DID THIS HAPPEN?

The first thing I need to do is determine whether your matter is timely.

The time limits differ between whether you are an adult or a child

The time limits differ between lawsuits against a private hospital or a municipal hospital.

Let's talk for a moment about how much time you typically have the bring a lawsuit against a private doctor or private hospital, as an adult

As of today, July 17, 2016, an adult has only 2 1/2 years from the date of any wrongdoing within which to bring a lawsuit against a private doctor or a private hospital. You should know, that you cannot , under any circumstance, rely on this information to guide you about whether your matter is timely.

WHERE DID THIS HAPPEN?

Since I only handle cases in New York, if this matter happened in another state, there is no way I could help you solve your legal problem.

I also do not handle any cases upstate

I do however know excellent attorneys who handle cases in upstate New York.

WHAT INJURY DID YOU SUFFER?

At this point, I have not asked you to tell me how the injury occurred.

It becomes financially impossible to take on those cases even though they may have merit

That's why you will find that the best trial lawyers will only take cases with very significant injury and disability.

What is attorney fee clause?

1. To balance the equities and avoid prejudice.

Can a defendant recover attorney fees?

Notably, a defendant is not entitled to recover attorney fees incur red during the trial of plaintiff’s lawsuit on the merits where the trial would have gone forward regardless of whether the plaintiff had obtained a preliminary injunction.

Finding a New York Estate Attorney and Initial Consultation

Getting a referral from a friend, family member or someone you trust is a good way to find an estate attorney that you may want to work with, you can also find attorney reviews and descriptions on the internet.

Estate Lawyer Dispute Resolution

In the event a fee dispute does occur between a client and a New York City Estate lawyer, the client may request arbitration or mediation as an alternative dispute resolution method through the New York State Unified Court System’s Attorney-Client Fee Dispute Resolution Program by calling 877-FEES-137 (877-333-7137) or visiting the court’s website.

1 attorney answer

Finding out how many cases an attorney has tried is fairly difficult, because most attorneys practice in various venues in multiple jurisdictions. If he or she is a board certified trial specialist, then they have tried more than a good share.

Stephen Todd Hastey

Finding out how many cases an attorney has tried is fairly difficult, because most attorneys practice in various venues in multiple jurisdictions. If he or she is a board certified trial specialist, then they have tried more than a good share.

What happens if a person dies without probate?

If the person who died had assets that were not required to pass through probate, then it may not be necessary for there to be a probate proceeding – their assets would pass to the beneficiaries and heirs outside of the probate. Assets that pass outside of probate are not of public record. Assets that pass outside of probate are typically assets ...

What are some examples of trusts?

Examples include real estate, bank, stock and other financial accounts, title to motor vehicles or other vessels, life insurance policies, 401 (k) and different types of retirement accounts. Property that a decedent transfers to a trust is passed to the beneficiaries of the decedent at the decedent’s death outside of probate as well and are not ...

Can you get a copy of a will without a will?

Estates of people dying without a will are also of public records, and you can obtain a copy of a no-will file from the Surrogate’s Court.

Which court has different rules for citations?

Specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, have slightly different citation rules. Check the Table T.1 for guidance on how to cite to materials from such courts.

What is the rule for citing an unpublished case?

Many more cases are available from Westlaw Edge, Lexis or other databases. When citing an unpublished case, refer to rule 10.8.1 (or B10.1.4)

What is Bluebook Rule 10?

Bluebook Rule 10 covers how cases should be cited in legal documents. Table T.1 includes the official names and legal citation abbreviations for federal and state reporters, and federal and state statutory compilations.

What are citation conventions?

Citation conventions for cases from general federal litigation courts, including U.S. Supreme Court, Courts of Appeal and District Courts are listed, as well as the rest of federal courts (such as specialized federal courts, including the U.S. Bankruptcy Court and the U.S. Tax Court).

What is the Bluebook?

The Bluebook lists a regional reporter as each state's official reporter. These opinions are often issued from a state's highest court. A state's high court opinions are also published in the state's official reporter if the state publishes an official reporter.