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Fees Still Possible in Absence of Retainer Letter, N.Y. Appellate Panel Says
An attorney who violates New York's official Codes, Rules and Regulations by failing to obtain a written retainer agreement or letter of engagement from a client in a nonmatrimonial case can still recover fees, a state appeals court held last week in a ruling of first impression. Justice Mark C. Dillon, writing for the Appellate Division, 2nd Department panel, said that a strict rule prohibiting counsel fees due to noncompliance with the rule "could create unfair windfalls for clients."SEC Charges Minneapolis Lawyer With Fraud
The SEC today charged a Minneapolis attorney and two San Francisco-area real estate lending fund promoters with misleading investors by concealing the financial collapse of the fund's sole business partner. Attorney Todd Duckson was counsel to the Capital Solutions Monthly Income Fund, which made real estate loans to a single borrower, Hennessey Financial. The fund raised $74 million from about 450 investors nationwide between 2005 and 2009, according to the SEC complaint.Cite as: Velez v. Sanchez, 04-CV-4797 (FB) (CLP), NYLJ 1202475782703, at *1 (EDNY, Decided November 30, 2010)District Judge Frederic Blockp class="decided"
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