Being an aspiring musician in the New York City area is definitely exciting. In the rap and hip-hop communities, sampling is a very common practice in songs. However, there is a question about whether sampling is actually infringement. Copyright laws are often strict....
Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.
Year: 2021
Are legal malpractice cases on the rise?
Returning to a briefly interrupted trend, it appears that legal malpractice cases did not go up in 2020. In fact, the number of malpractice claims in the U.S. may even have dropped. But that may have more to do with the pandemic than a reduction in alleged misconduct...
What is the importance of scope of representation?
It is possible in a legal malpractice case for an attorney to use a scope of representation defense. For the person filing the charges against the lawyer, it helps to understand this concept to avoid the use of the defense. The New York State Bar Association explains...
What are the most common legal malpractice cases?
When it comes to the attorney and client relationship, you rely on your attorney to value and respect it. According to Embroker, when a lawyer does not meet your expected standards, he or she may have committed legal malpractice. Knowing the most common legal...
What are the American Bar Association’s Rules of Professional Conduct?
If an attorney violates the American Bar Association’s Rules of Professional Conduct, then they could be in breach of their contract with you, their client. The ABA’s rules have been adopted by all states except for California. In New York, attorneys who are...
What is fair use?
Sometimes, another person can use your copyrighted work and not commit infringement. This happens when the situation falls under fair use. The U.S. Copyright Office explains fair use is a legal concept allowing the freedom to use copyrighted work without a license...
How do I get a copyright?
If you have a creative work, such as a song or a book, you will want to protect it. You do not want someone else to use your work as his or her own. Establishing ownership is incredibly important with such things to protect your interests. The best way to do that is...
When does a mistake become legal malpractice?
Everybody makes mistakes, including lawyers. However, sometimes those mistakes can have devastating consequences for the cases they are working on. Understanding the difference between a mistake and legal malpractice is important for you to understand before you...
When does a mistake become legal malpractice?
In New York, you expect your legal case to get the attention it deserves from your lawyer, you trust this professional to avoid costly mistakes. That is the general case, but your lawyer makes a mistake, you may be able to sue for legal malpractice. When do legal...
When might a conflict of interest constitute legal malpractice?
When you hire an attorney to represent you in New York, you may have certain expectations as far as this party’s performance. Your lawyer owes you a particular duty of care in exchange for taking on your case. Part of that duty of care involves staying loyal to you...