Chiesa Shahinian & Giantomasi PC.

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Latest from Chiesa Shahinian & Giantomasi PC. - Page 2

Be sure to check deadlines and read orders carefully, especially in today’s environment. While once in a while, a court will take pity on you, best not to rely on the mercy of the court. In Damms v. Damms, 2020 WL 1870410, the Appellate Division, “in a close call” saved defendant’s counsel who failed to attend a Rule 4:21A arbitration (because the arbitration was mis-diaried by his office), resulting in a five million dollar award…
On April 10, 2020, the Pennsylvania Bar Association (“PBA”) Committee on Legal Ethics and Professional Responsibility issued Formal Opinion 2020-300, which outlines the ethical obligations for lawyers working remotely.  Lawyers must be particularly mindful of the ethical obligations identified in the Opinion in light of the shift to remote work necessitated by the COVID-19 pandemic.  Although Opinion 2020-300 only applies to Pennsylvania attorneys, attorneys licensed in all jurisdictions should heed the guidance and best practices…
These days, more than ever, there is a yin and yang between bringing in as much revenue as possible at the risk of bringing in an unworthy client. How do we know when to say no? Obviously, there is no one answer and it is dependent on both the needs of the lawyer and who the client is. But some tips include making sure you have the skill and knowledge to assist the client and…
It is generally known and accepted that a client who sues its attorney waives the attorney-client privilege as to the alleged malpractice the client has placed at issue in the litigation.¹ The easiest examples of “at issue” waiver concern communications between the client and attorney, as well as the documents reflecting the attorney’s work in the underlying matter at issue.  But what happens when the client retains successor counsel to take over the representation and…
1. Deadlines. Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get guidance from the judge and not assume anything. With regard to the April 27 upcoming end of the legal holiday, do not assume this will be extended. If you have something due, be prepared to…
A Washington, D.C. firm seeking fees resulting from a successful Freedom of Information Act application learned that transparency is a must, especially when seeking fees from the public fisc. King and Spalding, LLP sought fees but attempted to file the application under seal, claiming that to reveal its rates, staffing strategies and detailed billing would somehow harm the firm competitively. That unsubstantiated and conclusory claim was rejected in strong terms: “Indeed, there is something untoward…
The N.J. State Appellate Division just reinforced guidelines for lawyers seeking  fees for work done in contested probate cases. Whether you represent the trustee, a beneficiary or challengers, if your hours are necessary and your rates are reasonable, you will be paid from the estate. Decedent was young and had two minor children. He left one a $5,000,000 trust and disinherited the other. He also set up a residuary testamentary trust for that child and…