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New York City Bar Association

Term Refer Category

Comments

Abuse of Process 803 Using the court process for an improper purpose. May include the use of criminal or civil process, such as bringing a criminal complaint to extort a civil settlement. This may sometimes be combined with False Arrest. Consider the intent of the conduct, the extent of injury and whether the client is now being represented in a civil case. If the client is now being represented we may suggest that the client talk to their lawyer about it or ask the lawyer to call for the referral before making a referral that could interfere with the current case.

Accord & Satisfaction Legal term 0100 01031300

Refers to the settlement of a debt by payment of less than the amount owed, in exchange for ending the obligation.

Actionable legal term

Wrongful conduct which may form the basis of a civil proceeding.

Ad Damnum legal term

The amount of damages demanded in a pleading. The amount claimed often has little to do with the amount a lawyer expects to recover. Sometimes a client will complain that the lawyer must have been paid off because the pleading asked for $10 million in damages and the lawyer wants to settle for $40,000.

Additur/Remittitur legal term

An increase or decrease by the court in the amount of damages awarded by the jury. This is a power the trial judge has to increase an inadequate award or decrease an excessive award as a condition of denying a motion for a new trial. The only way that this comes to us, is if a client whose award has been reduced (Remittitur) calls to complain about the judge's action. The judge is given this power so that an award will not be based on Apassion or prejudice.@

Administration of Estates 0402 The distribution of an estate when the deceased leaves no valid will, or after the will has been accepted. If there was no will, distribution is by statute. Callers commonly refer to this as Probate. There are three experience levels you can search on depending on the size and complexity of the estate.

Admiralty Maritime

2303 Admiralty usually involves incidents that happen at sea or involving ships. If the matter involves damage to a ship or it's cargo, it should generally be referred as an 1800 (the lawyers who handle international trade generally also handle shipping and marine insurance matters). If it involves an injury to an individual, the lawyer must also be listed in 0800(personal injury & negligence) or the notes must say "injury."

Adoptions (agency) 301 Notes must say "handles agency adoptions."

Adoptions (kinship foster care)(special New York City Program)

302 This is a special program in which the adopting parent(s) will continue to receive payment for the child from the state after the adoption. These are referred as "Reduced Fee" referrals and it has to be clear that the caller was referred to us by the New York City department of adoptions. We waive the $25 consultation fee. The lawyer gets paid by The State at the conclusion of the adoption.

Adoptions (step parent) 301 This is a simple process if the natural parent who is giving up custody consents to the adoption, or has had no conduct with the child for a substantial period of time.

Advertising Consider0103020509001300

If call is from business this can be referred to 0200 (business & corporations) with notes about advertising or publishing. Look for a lawyer who is also listed in 0900 Intellectual Property. If the caller is a company that sells advertising and someone hasn=t paid the bill, consider 0103(collections) or 0205 (commercial litigation). Try to get information on what the caller really plans to do, if you are not sure who to recommend, take the caller's phone number and call back after checking with a

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supervisor or going through the files. If caller is complaining about Afalse advertising,@ referral should be under consumer law (1300) also consider referral to the consumer fraud numbers for NYC and the Attorney General=s office.

Alcohol Beverage Commission 1212 This may involve the obtaining of a Liquor License or a claimed violation which puts an existing license in jeopardy.

Alienation of Affections legal term

No longer recognized as a tort in New York & most other states. It dealt with the willful and malicious interference with the marriage relation by a third party such as the parents of one of the spouses.

Alimony 5306 Also called spousal support & maintenance. Either spouse can be ordered to pay support and maintenance for the other spouse based on length of time of the marriage, need for support and ability to pay.

Allen Charge legal term

An instruction by the court to a jury to keep trying to reach a verdict even though they have reported difficulty.

Amortization legal term

Reduction of a debt by gradual (usually monthly) payments

Annulment 0304 Section 140(a) of the NY Domestic Relations Law provides for the declaration of he nullity of a marriage on the ground that a former spouse of a marriage is still living and there was no valid divorce (bigamy). DRL 140(b) permits annulment on the ground that one or both of the parties were under the age of legal consent at the time of the marriage. DRL 1408 provides for annulment on the ground that one of the parties was mentally retarded. DRL 140(d) provides for annulment on the ground that one of the parties was physically incapable of entering the marital state. DRL 140(e) provides for annulment if the marriage was entered into as a result of force, duress or fraud. DRL 140(f) provides for an annulment in the event of an incurable mental illness for five years. The referral category is the general divorce category however, notes must include annulment. The grounds generally are: bigamy, fraud that goes to the essence of the marriage, lack of capacity to marry. Someone is not automatically entitled to an annulment just because the marriage was for a very short time.

Ante nuptial AgreementsPrenuptial Agreements

0312 There are often estate considerations to protect the interests of the children of a previous marriage. Also considered when there is a big difference in the income or assets or potential liabilities of the parties.

Anti-trust 0207 Laws against monopolies & restraint of trade. Under the Sherman Anti-trust Act treble damages are awarded. Check whether notes include just advice or litigation. A litigation referral in this area must also be listed in 0210 (complex litigation).

Apparent AuthorityOstensible Authority

legal term

Legal doctrine that a principal (boss, authority, company) is accountable for the acts of his/her agent if the principal has represented that the agent has authority.

Appearance, general legal term

A person comes to court personally or through their attorney for any purpose other than to attack the court's jurisdiction. They therefore submit to the jurisdiction of that court.

Appearance, special legal term

An appearance in court solely for the purpose of attacking the jurisdiction of the court. This is frequently an issue in divorce cases where each spouse is living in a different state. The special appearance should only be made by a lawyer, not by the client representing him/herself.

Arraignment legal term1100

The process in which the defendant in a criminal case is formally charged with an offense and pleads guilty or not guilty. If the caller asks for a lawyer "just for the arraignment" we do not refer lawyers for such a limited purpose partly because once a lawyer becomes "Attorney of Record" the judge may force that lawyer to continue on the case, whether paid or not.

Arrears 5307 A sum which is due and unpaid. Usually refers to child or spousal support that is past due. Brooklyn Law school and other groups listed in your source materials handle these matters without any "up-front" costs to the client. If they cannot afford the fees of a private lawyer they should be referred to an alternate source or to the


SHIELD program.

Articles of Incorporation 5201 The formal document that has to be filed with the Secretary of State to create a private corporation. The referral category is ANew Business Advice.@ A lawyer may suggest that a Limited Liability Company, a Limited Partnership, a Subchapter S corporation or some other business form would make more sense to the client. We are usually interested in finding out what the nature of the business is so that we can refer someone familiar with that type of business if possible.

Assault & Battery(Civil) 0802 This is an intentional act. The NY statute of limitations is one year against the person who actually hit the plaintiff. Keep in mind that although the time period is short against the actual batteror, potential defendants in a negligence (3 year SOL) action include: Defendant's employer (negligent hiring, training, supervision), defendant's parents (negligent entrustment of motor vehicle, guns, etc.) supplier's of liquor or drugs (dramshop), supplier/manufacturer/; pharmacist for prescription medication (inadequate warning, improper dosage, etc). For a lawyer to handle a tort (civil action for damages) on a contingency basis, there must be injury and a defendant who is not indigent or has some insurance that may at least apply to related causes of action, or is acting on behalf of an employer, or was negligently placed in a position to do harm by a financially responsible entity.

Attachment 0103 1300

A proceeding to hold property usually for the payment of a judgment.

Attest legal term

Signing your name as a witness to the execution of a document.

Aviation Accidents 0811 If involving small planes a number of the people we have listed are pilots and some teach flying. Check notes.

Bad Debt legal term

A debt which is not collectible and is therefore worthless.

Bad Faith Breach of Contract 0500 The breach of a contract (usually an insurance contract) in a willful, dishonest way when the meaning of the contract is clear and the ability to comply with it is present.

Bad Faith Insurance Issues 0500 Failing to honor an insurance contract in bad faith. This may include refusal to represent the insured, refusal to settle when a reasonable offer has been made and the insured is likely to be personally liable for a larger amount if the case is not settled.

Bailment legal term

delivery of personal property in trust.

Bankruptcy 1500 Grouping

Legal process to allow debtor to start fresh by allowing him to keep certain property that is exempt and paying back creditors as much as possible from non-exempt property. Once debts have been "discharged in bankruptcy" they are no longer owed by the debtor. If the debtor is a person who has mainly unsecured debts such as credit cards, and little or no assets, the case should be referred as a Small Personal Bankruptcy (1504).

Board of EducationTeacher Representation

2402 or1703

Includes discipline/termination. Make sure the client knows that the teacher's union is obligated to represent them and they should at least talk to their union representative. Private attorneys who handle these matters usually require a retainer which is applied against an hourly rate. If they still want the referral, okay. Sometimes (rarely) the union can be made to pay the attorneys fees for failure to represent the employee. Even, in such cases, the private lawyer will usually require a retainer and if successful against the union can reimburse the client.

Breach of Contract 0103 02050210

First, as always, find out what happened. Generally 0103(collections) is for cases against individuals and 0205 (commercial litigation is for disputes between businesses. If it is a very substantial matter and may involve remedies other than just the payment of money, refer as 0210 (complex litigation). If contract refers to an area of law with a more narrow listing, such as "employment contract (0209), Insurance, Entertainment Law (1400) or Intellectual Property (0900), Real Estate (1,000), Computer Law (0905) you should consider combining with, or making the


referral to the more specific category.

Broker's Commission Litigation 1010 RE Broker claims to have produced a ready, willing and able buyer and wants commission even if seller backed out of deal. Or, broker claims exclusive listing and seller found buyer without help of broker and broker is claiming commission.

Business Advice, GeneralBusiness Formation

201 Setting up corporations, partnerships, Limited Liability Companies, new businesses of any type. Both start-up and general advice. If problem is particular to a certain industry, check notes for knowledge about that industry or check secondary categories.

Business Bankruptcy Chapter 11 1501 This is the reorganization of a business under the bankruptcy code. It stays all lawsuits and collection activities for a period and the bankruptcy court can exercise jurisdiction over all lawsuits & claims. The lawyers we have listed who handle these matters are highly experienced and retainers can be $10,000 and up.

Business/Commercial Litigation 02050210

0205 (commercial litigation is for disputes between businesses. If it is a very substantial matter and may involve remedies other than just the payment of money, refer as 0210 (complex litigation). If contract refers to an area of law with a more narrow listing, such as "employment contract (0209) or Entertainment Law (1400) or Computer Law (0905) you should consider making the referral to the more specific category

Buying & Selling Residences 1003 Check notes to see if there are any limits as to matters particular attorneys are approved for. Such notes may deal with restrictions as to Single Family Residence Only, Coops, Condos.

Buying & Selling Businesses 0504 Get some idea of the type of business and the amount involved to make an appropriate referral. Everyone on this panel has handled at least 5 such transactions. Keyword search can identify particular businesses

Car Accidents 0801 Find out whether there has been a physical injury and whether there is a likelihood that such injury will exceed No-Fault limits. To bring a case that is not prohibited by the No-Fault Statute (NY Ins... Law '5102(d) plaintiff must show that s/he has suffered a serious injury. Serious injury id defined as: (1) death; (2) dismemberment; (3) significant disfigurement; (4) fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; and (9) a medically determined injury or impairment of a nonpermanent nature which prevents the injured person from substantially all of the material acts that constitute such person=s usual and customary daily activities, for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Casualty Insurance 0503 First Party (issues with client's own insurance company)

Child Custody Child Visitation

0305 If the caller indicates that s/he may not have enough money to hire a lawyer, find out incomes off caller and spouse and consider combining this category with Afee from spouse@ category.

Choreographic Works 09021400

Combines Intellectual Property with Entertainment Law.

Civil Liberties 0807 same as civil rights

Civil Service employees 1703 Employees should be asked whether they know that union is generally obligated to represent them at no cost. If they know that and want to meet with a private lawyer, make the referral.

Co-op Conversions 1004 This is the actual conversion process, not the sale of individual units. Sale of individual units is under 1003.

Co-ops Buying & SellingCondominium Buying & Selling

1003 The difference between a co-op and a condo is that in a co-op the buyer is buying shares in the co-op corporation and gets a proprietary lease to the apartment. Co-op boards have an almost absolute right to reject a potential buyer, unless the rejection is based on a constitutionally or statutorily protected class (race, religion, age, disability).


Collection Defense 010313060205

Consider whether the situation sounds like a consumer matter, bankruptcy or straight collection or commercial litigation. Is there a defense or is it just a financial problem?

Collections 01030205

Some lawyers do mass collections of smaller accounts ($2,000-$10,000) others do collections only over certain dollar amounts. Check the notes to see who is appropriate for particular matters. If the call is about an individual debt of $3,000 or less the client should be advised about Small Claims Court and given the number of the local NYPIRG Small Claims Center. If the dispute is between businesses and involves more than $20,000 it should usually be referred as a 0205 (commercial litigation)

Commercial Paper 0101 A negotiable instrument. A signed, unconditional promise or order to pay a certain sum on demand or at a specific time, made payable to order or to the bearer. A check, certificate of deposit, etc.

Commodities 2000 The cases we refer include broker/customer disputes, fraud, RICO & similar investment loss matters.

Computer Law 0905 Review, preparation or breach of contracts for sale or development of software and hi-tech equipment

Condemnation 1011 The process of taking property by the government for public use. The property owner is entitled to the fair market value. Similar issues arise when the government changes zoning laws that restrict the use or access to property and may render it valueless.

Condominium (buying & selling) 1003 The owner of a condominium has a property right in that apartment and is therefore free to sell it to anyone. No board of directors has to approve the sale the way they would for shares in a cooperative apartment.

Conservatorship 0405 A proceeding, usually in surrogates court that appoints a person to manage thee affairs of someone with property who is incapable of managing their own affairs.

Construction Contracts 0102 The lawyers on this subpanel are also very familiar with mechanic's lien issues and remodeling contracts.

Constructive eviction 3201 A tenant may be considered constructively evicted if the property is substantially unfit for occupancy and this is in the control of the landlord. In such a case the tenant may not be responsible for any further rent, however the tenant may have to actually vacate the apartment.

Consumer Fraud 1303 If matter involves an individual and the amount in dispute is less than $2,500 it should be referred to Small Claims with a suggestion that they call the NYPIRG Small Claims Center nearest them. Although the Small Claims limit is $2,000

Contracts, Construction 0102 see construction contracts above

Contracts, General 0101 First, find out what the caller is really looking for. Is it a transactional lawyer who will draft or review a contract, or is it a collection or other litigation area? If the contract refers to an area with a more narrow listing, such as "employment law" (0209), Entertainment Law (1400), Construction Law (0102), Computer Law (0905), the referral should be made to a lawyer in the more specific category.

Copyright 0901 The protection of the works of artists and authors giving them the exclusive right to public their works or determine who may publish. The right by the author of literary or artistic work not to have it copied and sold by someone else.

Copyright Infringement 0906 Interference with copyright, generally by reproducing and selling or giving away the copyrighted material

Corporations, Formation 0201 The basic formation of a Subchapter "S" corporation is a very simple process. Check to see if the client wants help with shareholders agreements (also called "buy-sell" agreements), employment contracts, or issues particular to their type of business

Courts Martial 2100 Military law governed by the UCMJ. The client is entitled to an appointed military


lawyer without fees. If they hire one of our lawyers the fees can be substantial

Creative Works 0900 1400

These referrals are often for the protection (copyright) of the work from being copied by others. Referrals also may involve the extent to which the artist has allowed a producer to alter the material or the production.

Credit 1305 This includes re-establishing of credit and wrongful credit reporting

Creditors' Rights (Bankruptcy) 1505 This refers to people who are owed money by a person or business that files bankruptcy. A claim must be filed with the bankruptcy court. To file the claim, a lawyer is not required. To oppose the discharge of the debt because of fraud, a lawyer is usually needed.

Customs & Tariffs 1802 Extra costs on goods being imported or exported according to the classification of the goods and the countries involved. Notes must say "customs & tariffs"

Decedent's Estates 0402 This refers to Probate & Administration of estates.

Defamation (Libel or Slander) 0803 False remarks that tend to damage the reputation of someone. The questions for the referral counselor are related to damages and whether there is a viable defendant (i.e., one with money). It is rare that a lawyer will take a defamation case on a contingency basis unless the defendant is a newspaper, magazine, radio or television station. company newsletter or employer (or prior employer). One year Statute of Limitation from date of last publication of defamatory statement (publication can be oral or written but must be heard or seen by someone other than person it is about).

Dental Malpractice 0809 There must be damages other than just the cost of treatment unless the cost of treatment is several thousand dollars.

Deportation (immigration) 0606 The transfer of an alien who is excluded or expelled from the U.S. to a foreign country.

Disabled Persons 230617002403

This may come up in the context of labor (1700), classification as special education (1200), or other contexts or various ADA (Americans with Disabilities Act) categories, including housing and public transportation.

Discrimination, Religious DiscriminationRacial DiscriminationNational Origin DiscriminationSexual DiscriminationDisability Discrimination

080517022406

Find out what the protected classification is and what harm was suffered. Sexual orientation discrimination gives rise to a cause of action in NYC but may not elsewhere in the State. Although many of the same lawyers handle these matters, try to make the specific referral for statistical analysis.

Dissolution of Business 0203 Find out if this is a simple winding down of the business, or whether bankruptcy is involved.

Divorce (grounds) 0304 In NY the Supreme Court has the power to grant divorces, the Family Court does not. Grounds for divorce as set forth in Domestic Relations Law 170 are: (1) cruel and unusual treatment that endangers the physical or mental well-being of the aggrieved party so that it is unsafe or improper for the parties to cohabit; (2) the abandonment of the plaintiff by the defendant for a period of one or more years before the commencement of the action; (3) confinement of the defendant in prison for three or more consecutive years after the marriage; (4) Adultery; (5) the parties having lived separate and apart pursuant to a judgment of separation for a period of one or more years, provided that the plaintiff has substantially performed all the terms of the judgment; and (6) the parties having lived separate and apart pursuant to a written agreement of separation, signed and acknowledged by the parties in a form required to entitle a deed to be recorded, for a period of one more years before the commencement of the action, provided that the plaintiff has substantially performed all the terms of the agreement and provided that the agreement, or a memorandum thereof, has been filed in the county clerk=s office prior to the commencement of the action.Level 2 or 3 See standards

Divorce (residence requirements)

0304 Domestic Relations Law '230. If both parties are NY residents at the time the action is first filed and the cause of action (grounds) arose in New York, there is no further


residence requirement. If only one of the parties is a New York resident and (1) the parties were married in New York; or (2) both parties have previously resided in New York during the marriage; or (3) the cause of action arose in New York, then it is necessary that one of the parties be a NY resident for at least one year immediately preceding the commencement of the action. If none of the above apply, then a two year residence of one of the parties immediately preceding the commencement of the action is required.

Divorce, Low Asset Uncontested 0304 level 1

Divorce, substantial assets 0304 level 2 or 3 See standards

Dramshop ActsSocial Guest

0806 Liability of liquor store, bar, host or other supplier of alcohol for injuries to or caused by person whose judgment or ability (to drive, stay out of fights, walk, avoid injury, etc.) is impaired by the alcohol.

Dumping 1802 This involves claims that a particular foreign company is selling goods below costs with government subsidies (from foreign country. Under the anti-dumping law, the U.S. may impose special custom duties on foreign manufacturers which attempt to import goods into this country for less than their fair value if an industry in the U.S. is or may be materially injured. 19 USC 1671. -- Also may refer to discharge of waste material into rivers, lakes etc, in which case it should be referred either as a tort or commercial litigation, talk to supervisor.

Easements 1007 A right created by an express or implied agreement to allow someone to use land.

Education Law (rep students)Education Law (special ed)

2401 2306

Generally deals with disciplinary hearings, disability issues and graduation issues.

Eminent Domain/ Condemnation 1011 Refers to the right of the government to take property for legitimate state purposes (building of roads, parks), or because building/property is dangerous. Lawyer=s job is generally to get fair value.

Employee, Board of Education 1703, 2402

More specific referral of 2402 should be tried first.

Employee, Civil Service 1703 see Civil Service Employees

Employee, Commission Sales 1702, 1705

Although the wrongful discharge issues are difficult in NY, if a commission is fairly owed and has not been paid, the employee may be entitled to additional statutory damages.

Employee, Government Job 1703 see Civil Service Employees

Employee, minimum wage issues

1702, 1705

Employee may be directed to Department of Labor to file complaint. If they are taking new cases, it will be handled at no fee to the employee.

Employee, Promotions 1702, 1705

Generally same issues as wrongful discharge. Unless there is a contract or promise that has been violated, the issue must include some constitutionally protected category, union right, or health and safety violation.

Employee/Union Relations 1705, 1703

Union has an obligation of fair representation toward its members. If the union is not acting properly, a lawyer may sometimes act in place of the union.

Employer Representation 1701 This category is only for representation of employer in employment disputes.

Employment Contract Preparation

0209 or 1700

Generally 0209 combined with 1701 is for representing employers. 0209 without 1701 is to represent employees.

Enforcement of Judgments 0103 0300 1505

Clients should be aware that having a judgment does not mean that they will automatically be paid. If the judgment debtor has no job, no money and no assets, there is nothing that lawyer can do. If growing out of a matrimonial judgment use 0300, if other type of judgment 0103 unless bankruptcy proceeding has been started, then 1505 (creditor's rights)

Estate & Trust Planning 0403 Three levels depending on size and complexity of estate.

Estate Accounting (contested) 0404 This is an action to get a formal statement of assets and how they have been


collected, protected and distributed.

Estate Administration 0402 Administration of an estate as opposed to probate, just means that there was no will so the estate passes to the heirs by statute, or that the will has already been accepted by the court and all that remains is the distribution.

Estate Litigation 0404 Includes will contests and contests over distribution and accounting.

Estate Planning for Handicapped 0407 This is a special category for lawyers who are experienced in preserving government benefits while providing funds for the handicapped person.

Estate Planning for SeniorsElder law

0406 This generally involves how to preserve assets in the event the elderly person becomes disabled or has to enter a nursing home. Also involves living wills and health care proxies, may involve reverse mortgages or other ways to use existing assets to improve quality of life.

Ethics Issues Call Ethics Hotline

For attorneys who have a question about their own conduct, there is a weekly telephone duty list from the committee on professional & judicial ethics.

For clients who have general questions, the ABA public Ethics Hotline Number is (312) 988-5301

Executive Compensation Employment Contracts

0209 also should be listed in 0201

Executor, Executrix legal term

A person appointed in a will to carry out the directions in the will. An executor is entitled to a fee that is set by statute and depends on the value of the estate (property to be distributed).

Fair Hearing legal term

A non-court hearing in situations were the normal court processes are not available, or would take too long for certain types of proceedings i.e., termination of welfare benefits, granting or revocation of some types of licenses. A fair hearing requires due process including the opportunity to present evidence and to be apprized for the evidence against you so that you may be fully aware of the basis for the judgment.

False Arrest 0802 Unlawful arrest or restraint of someone's liberty or freedom to travel or move. An intentional tort with a one year statute of limitations. If the case is against the city (police) a notice of claim must be filed with the controller's office within 90 days. Remember to ask about damages. A late notice of claim may be allowed in certain circumstances.

False Imprisonment 0802* Unjustified detention of a person. Same rules as false arrest. Remember to ask about damages.

Family Court (Delinquency) 0313 The court that handles: Child Support, Spousal Support, Maintenance. This court does not have the power to grant a divorce.

Federal Workers Compensation 0702 Workplace injuries for employees of federal government. This includes Postal Workers, Federal Marshals and others. As with any injury matters, ask questions to see whether any Third Party Liability exists. There are very few lawyers who handle Federal Worker's Compensation matters so, don't restrict location to a particular county.

Fee from Spouse 0308 Find out income of each party and basic information about assets. If there is substantial disparity in income and the caller does not have money to hire a lawyer, find out what the job of each party is, how long they have been married, whether they are still living together, and conference the call with a lawyer listed in this category or talk to the lawyer first and then call the client back.

FELA 0801 or 0814

Federal Employee's Liability Act imposes liability on railroads for injuries sustained by their employees in the course of employment.

Felonies 1102 Generally more serious crimes. Crimes punishable by death or imprisonment for more than one year.

Fire Insurance 0504 Referral category for claims against caller's own insurance company.


Foreclosures 1009 After non-payment of a debt secured by a mortgage, the creditor can institute foreclosure action to force the sale of the property to which the mortgage or lien is attached to satisfy that debt. If the property is sold for more than the amount owed on the debt, the excess (usually after costs & attorneys fees depending on the contract) is returned to the mortgagee (person from whom the property was taken).

Foreign Social Security/Pension 1803 The few lawyers we have that handle these claims are found on the Reparations panel.

Formation of Businesses 0201 This is for general formation of businesses, including incorporation, limited liability companies, partnerships, joint ventures, etc.

Forum Non Conveniens legal term

A court, though it has jurisdiction of a case, may refuse to hear the case if there is no legitimate reason for the case to be brought there, or where the presentation of the case in that court will create a hardship on the defendants or on relevant witnesses because of the distance. The court will not dismiss the case under this doctrine unless the plaintiff has another forum available.

Franchise 2302 The right sold to a person or corporation to market another's products or operate a copy of a business under the franchisor's name within a certain area.

Fraud, business 0205, 0210

Claim of intentional misrepresentation of a material fact that causes injury by one business against another.

Fraud, consumer 1303 Claim by the buyer of retail goods or services that the seller intentionally deceived him. There are special rules regarding certain industries to protect consumers. See attorney general pamphlets.

Frivolous Action legal term

Bringing a claim or motion that is clearly lacking in substance or law. The lawyer and the client who brings such a claim or motion may be fined (sanctioned) by the court for up to $10,000 without the need for a separate lawsuit. This can even be done on the Judge's own motion without the request of either lawyer or party.

Full Faith & Credit legal term

U.S. constitutional requirement that the "public Acts, Records, and judicial Proceedings" of one state be respected by each of the sister states. If a judgment is conclusive in the state where it was pronounced it should be equally conclusive everywhere in the courts of the United States. However, such judgment may still be subject to attack on the theory that there was no jurisdiction or no due process in the first state. Enforcement problems often occur when first judgment was by default.

Garnishment 0103 1300

Process in which money or goods in the hands of a third person which are due to a defendant are attached by the plaintiff. Usually this applies only after a judgment. An official notice is sent to an employer to pay a portion of the debtor's wages directly to the judgment creditor. Wage garnishee is limited to 10%.

General Consumer Problems 1308 Also see pamphlets from Attorney General and other consumer agencies. Remember to check the amount of the dispute to see whether it is more appropriate for Small Claims Court or for a referral to Monday Night Law Program.

Good Faith Insurance Issues 0507 Requirement not to willfully breach the plain, well-understood contractual obligations of the insurance contract.

Government Contract Procurement

0104 Help in contract negotiations, compliance and contract review with Federal, State and Local Government.

Green Card 0602 Common name for the alien registration card carried by permanent resident aliens in the US. Often refers to Labor certification that allows an immigrant to work.

Guaranty legal term

To agree or promise to answer for the debt or default in payment of another. A guarantor may be required to perform the act promised by another person or company if that person or company does not do as promised. The creditor is not required to get a judgment against the original default party first.

Guardianship (Article 81 proceeding)

0302 Proceeding to appoint someone the care and management of the person or the estate, or both, of an incompetent who cannot act for him/herself.

Gun Permits 1214 Administrative procedure to obtain permit, generally after it has been denied.


Habeas Corpus legal term

A procedure to determine the legality of a person's custody. It may be used in child custody, deportation or criminal law. In a criminal case it tests whether a conviction was obtained in accordance with due process.

Harborworkers Injuries 0814 2302

Special rules establish liability outside of Workers' Compensation for employees injured while working dockside.

Harmless Error legal term

an error which is not prejudicial enough for an appellate court to overturn the lower court.

Holographic Will legal term

A will that is entirely written, dated and signed by the testator. If not witnessed and executed like any other will, it is valid only under very limited circumstances.

Home Improvement/Repair 1301 Issues may arise as to mechanic's liens and whether contractor is licensed.

Home Solicitation Contracts 1308 Special class of contracts where seller goes to buyer's home to have buyer sign contract (agree to purchase something). Buyer generally has a calling off period of three days to cancel the contract.

Homicide 1103 Referral category that includes all degrees of Murder and Manslaughter.

Income Tax: Personal 1601 For basic tax preparation, callers may be advised to contact an accountant.

Incompetency (Article 81) 0302 When a person is adjudicated an incompetent a guardian is appointed by the court in which the incompetency hearing was held, to manage their affairs until and unless the incompetent recovers to the satisfaction of the court.

Indemnity legal term

The obligation of one person to make good any loss or damage another has incurred or may incur by acting at his request or for her benefit.

Indispensable party legal term

One whose interest in the subject matter of an action requires that judgment cannot be rendered without affecting that interest, therefore the action may not proceed without the indispensable party being joined in the action.

Inheritance Law 0400 Laws governing the distribution of property when the owner of the property dies.

Injunctions (Copyright) 0906 An order preventing an entity from disseminating copyrighted material without permission.

Injunctions (Trademark) 0906 Preventing an entity from using the trademark of another.

Injunctions, temporary 0210 An order preventing certain action usually to maintain the status quo, preserve the subject matter of the litigation or protect against irreparable harm.

Insurance Defense & Indemnity 0507 Obligation of insurance company to defend and pay.

Insurance: AccidentInsurance: HealthInsurance: Liability

0502 Only 1st party matters should be referred under 0500 categories. This means matters in which the person or business is having problems with their own insurance company. If the problem is with someone else's insurance company it should be referred in an 0800 (tort) category.

Insurance: Punitive Damages 0507 Although insurance will not normally pay punitive damages or pay for the intentional misconduct of the insured, the insurance company is generally obligated to provide a defense and there are often related causes of action sounding in negligence.

Insurance: Treaty Arbitration 0515 Disputes between insurance companies where there is multiple coverage.

International Trade Agreements 1801 Includes representing foreign companies doing business in New York; and New York companies doing business in other countries.

Interrogatories legal term

A discovery tool. Questions that must be answered under oath sent by one party to the opposing party. They must be answered under oath within a particular period of time or there may be sanctions. If certain questions are clearly improper, the attorney for the party being asked those questions may instruct her client not to answer or may ask the court for a protective order preventing a certain line of inquiry. The standard that is allowed in discovery is much more liberal on the side of gaining information than is the standard required for admissible evidence in


court.

Interstate Commerce Commission

1207 Regulates the transportation, purchase and sale of commodities interstate.

Interstate Support Enforcement 0310 Enforcement of child support and alimony where parties are in different states.

Intestate 0402 Death without leaving a will. the distribution of property goes according to the laws of descent.

Invasion of Privacy 0803 The wrongful intrusion into a person's private activities by other individuals or the government. The right to be left alone is not always superior to the rights of the public and it may not exist at all or exist to a much lesser degree with regard to a public figure or other person in whom the public has a rightful interest.

Joint Tenancy legal term

Property owned by more than one person at one time. All such persons have an equal right to use and enjoy the entire property. If one joint tenant dies, the property rights pass to the survivors. The property can only be conveyed by a deed signed by all co-tenants or by a forced judicial partition.

Jones Act 0814 Federal statute that gives a sailor (other than in the military on active duty) who suffers a personal injury in the course of employment, or the personal representative of a sailor who dies because of personal injury suffered in the course of employment, the right to sue for damages

Judgment Creditor legal term

A creditor who has a judgment. In addition to the power to aduidicate, a valid exercise of jurisdiction requires fair notice and an opportunity to be heard (due process).

Jurisdiction legal term

The power to hear and decide a case. Talk to a supervisor for questions regarding jurisdiction.

Juveniles Charged with Crimes 1100 0313

Matters handled in Family Court.

L&T LandlordsLandlord Representation

3202 All matters representing landlords against tenants.

L&T TenantsTenant Representation

3201 This category is for representation of tenants in all matters dealing with the landlord-tenant relationship except serious personal injuries.

Labor Certification (Immigration) 0604 Getting proper authorization for an immigrant to work in this country.

Laches legal term

The doctrine that a long-neglected right cannot be enforced.

Landlord-Tenant Commercial Property

3203 Matters representing either landlord or tenant in commercial rent matters.

Legal Malpractice 0810 Generally six year contract statute of limitations that may be three year negligent tort statute in some circumstances. Find out what underlying case was about and whether it is still pending. If it is, referral should be made in this area as it is the obligation of the client to mitigate damages by pursuing the underlying case if possible. If there is a lawyer who handles the underlying area and legal malpractice, that is a good referral. Remember the damages will be what should have happened in the underlying case, so the legal malpractice lawyer has to prove the underlying case.

Lemon Law 1304 Laws and administrative procedure set up to protect buyers of new and used cars. Attorney General has pamphlets on the procedure for both.

Licensing of Software 0905 Referral category dealing with special problems in computer law field.

Lien legal term

a claim on the property of another as security for the payment of a debt

Life Insurance/Death Benefits 0501 Enforcement of policy, generally by beneficiary.


Liquor License 1212 Includes hearings before Alcohol Beverage Commission

Living Together Arrangements 0312 Agreements between non-married persons living together. Agreement may have to do with sharing of expenses, agreement to support and/or how property will be divided if they split up, etc.

Malicious Prosecution 0802 Action for recovery of damages to person or property or reputation from a previous unsuccessful civil or criminal proceeding what was prosecuted without probable cause and with malice.

Mass Disasters 0811 Alert director to call. We may want to arrange for teams of negligence lawyers, social workers, immigration lawyers, etc.

Mechanic's Liens 0102 An interest in property created to secure the payment of the price or value of work performed and materials furnished in erecting or repairing a building or other structure.

Medical Malpractice 0809 Statute of Limitations: 2.5 years from last treatment for same condition by same doctor. New York is not a discovery state, so the statute starts to run at the time of the negligent act, not at the time it is discovered with very few exceptions. One exception is where something was left inside the patient after an operation. There must be a serious injury for a lawyer to be interested in handling a medical malpractice case. Consult the director or conference with a panel member if there is a question regarding the statute of limitations or extent of injury.

Medical Payments 0506 Enforcement of first party insurance contract. Often issue is whether particular treatment is covered or is considered experimental.

Military Law 2100 Includes Courts Martial, Upgrading of Discharge

Misdemeanors 1101 Crimes punishable by less than one year.

Name Change 1309 Formal process of having name legally changed. It can be expensive because of requirement of publication in newspaper.

NASD 2000 National Association of Securities Dealers: an arbitration forum for disputes between stock brokers & customers.

Naturalization 0602 The process by which someone born in another country is granted US citizenship and the rights and privileges of a citizen.

Negligence 0800 Statute of Limitations: 3 years. Be careful to consider whether the City or another government was involved and whether there is a short "Notice of Claim" Statute Against the City of New York the time period for file a Notice of Intention to File a Claim is 90 days. Under some circumstances a late notice may be filed, however it is important if the City is a potential defendant, to get the client to a lawyer as soon as possible and tell the client that time is short. Negligence is failure to exercise that degree of care that a reasonable person would exercise resulting in damage. Ask the caller when they were injured, how they were injured, what the injury or damage was, and who caused the injury. Without becoming technical, we are trying to find out whether someone (or some company) did something wrong, did it hurt someone and is there insurance or a person or company worth suing.

New Business Start Up 0201 Advises on business form (corporation, partnership, limited liability company, partnership), and start up issues (leases, form contracts, shareholder's agreements)

No-Fault Insurance 0805 This applies to auto accidents. Under No-Fault, reimbursement for all just and reasonable medical expenditures and reimbursement for loss of income caused by accident up to a certain amount are covered by the injured party's own insurance without regard to who caused the accident. A lawsuit for additional damages and pain and suffering, future loss of income, etc. is only allowed if the injury exceeds the threshold level of damage [expand]

Non Compete Clauses 0208 An agreement by contract to refrain from conducting business or professional activities of a nature similar to those of the other party. Often such an agreement is part of the sale of a business or an employment agreement. The question is usually


how reasonable is the restriction in terms of hardship on the employee, length of time and physical area it covers.

Not-for-Profit Organizations 0202 This category is for formation of the corporation and obtaining tax exempt status.

OSHA 1705 Occupational Safety & Health Act

Patents 0903 A patent is the grant of a right to exclude others from making, using or selling an invention during a specified time. Anyone who, without legal permission, makes, uses, or sells something which is the subject of an existing patent is guilty of an infringement for which an injunction and damages can be sought. The test of infringement is whether the device does substantially the same work in some substantially the same way and accomplishes the same result.

Paternity 0306 Proceeding to establish that a particular person is the father. Usually it is accompanied with a request for child support. Paternity may even be established after death to assert inheritance rights.

Pension (Private Non-Union) 1704 Check notes for appropriate referral

Pension Rights (Union) 1703 & 1704

Check notes for appropriate referral

Pension: Civil Service 1703, 1704


Pension: Government 1703 & 1704


PINS 0313 Persons In Need of Supervision. A family court proceeding to declare a child a ward of the court because the parent(s) cannot control him/her.

Police Brutality 0802 Refer as assault/false arrest.

Pre-Nuptial Agreements 0312 Agreement entered into by two people who intend to marry each other. It sets forth the rights of each person in the property of the other in the event of divorce or death. Also called antenuptial agreement.

Premises Liability 0801 This includes slip & fall, burglary, rape where there is poor security or locks don't work.

Probate & Estate Administration 0402 The proving of a will (if there is one) and distribution of an estate after someone dies.

Products Liability 0812 Find out what the product was that caused the injury, what the injury was and how it happened. Check notes because some lawyers handle only mechanical products as opposed to toxic torts, which includes chemical products, asbestos etc. If the product is a drug, find out which one and what happened.

Professional Discipline 12111213

Hearings before licensing and disciplinary boards and grievance committees.

Professional Practice Bankruptcy 1502 This is to represent a doctor, lawyer, accountant in a bankruptcy proceeding.

Promotions (employment) 1705 In an Employment at Will state such as New York, there is no cause of action for failure to promote unless it is due to discrimination against a constitutionally protected category or contrary to an employment contract or collective bargaining agreement, or civil service regulation.

Property Damage 0804 Distinguish between claims against caller's own insurance (i.e., Homeowner's Policy) and claims against others for negligent or intentional damage.

Property insurance 0504 Claim against party's own insurance company. Tell the caller to bring in a copy of the policy.

Provisional Remedies 0210 Proceedings while the case is pending to protect the claimant's rights. Such remedies include restraining orders, injunctions, appointment of receivers and attachment of property.


Real Estate Closing 1003 Buying or selling of real property. The closing is the final procedure where the property actually changes hands. Lawyers in New York want to guide the entire transaction including the drafting and review of the contract.

Real Estate Rescission 1010 The undoing of the contract so that the parties are placed essentially in the same position as before it was entered into.

Real Property Litigation 1010 Includes fraud, recision, specific performance, broker's commission cases, partition actions.

Receivership 1501 or 1502

The placing of property under the control of a person appointed by the court to receive and preserve the property. A failing company may be placed in receivership in an action brought by the creditors.

Reparations 1803 Payment of damages by a foreign government (usually Germany) to pay for property that was wrongfully taken during World War II.

Restraining Orders (business) 0210 An order preventing a business from doing something, such as selling a particular product or hiring an employee, etc.

Restraining Order (matrimonial) 0304 Restraining orders are often used to make sure that the party in control of bank accounts or other assets does not deplete or encumber those assets before they can be equitably divided.

RICO 22011100

Racketeer Influenced Corrupt Organizations Act. Federal statute to punish offenses: 1) investing income from a pattern of racketeering activity or through collection of an unlawful debt in any enterprise affecting trade or commerce; 2) getting or keeping any interest in an enterprise through a pattern of racketeering or collection of an unlawful debt; 3) conducting or participating in the affairs ...; or 4) conspiring to violate the racketeering provisions. Pattern of racketeering activity requires at least two incidents of racketeering conduct (murder, kidnaping, criminal usuary, theft, forgery, etc) within 10 years of each. Can be civil or criminal proceeding.

Seaman's Injuries 0814 Injuries aboard ship.

SEC 2000 Securities Exchange Commission: arbitrates disputes between customers & brokers and disputes concerning employees of brokerage houses.

Secured Transactions 0101 Installment sales contracts in which the seller is maintaining an interest in the property of the buyer to insure payment.

Securities 2000 Generally referral is dealing with investment loss and caller wants to sue the broker or investment adviser.

Shareholders Agreements 0201 Also called Buy-Sell Agreement. Sets forth the agreement between shareholders as to how one may buy the shares of the other in the event of death or disagreement.

Soldiers & Sailors Acts 2304 Laws to protect persons on active military duty from having judgments taken against them when they are hampered from responding because of military service.

Specific Performance 1010 A suit seeking that a contract be specifically enforced because money damages would be insufficient. This often involves land or the purchase of a home, though it may also involve a unique purchase, such as a rare painting or sculpture.

State Agencies 1208 Check notes to see if lawyer has experience with particular agency.

State Workers Compensation 0701 On the job injuries. Remember to find out what happened and ask the caller whether anyone other than the employer contributed to the injury happening.

Support Modification 0307 Modification of child or spousal support. To have some chance at a modification there must have been a change in circumstances (income and/or expenses) since the order was made.

Tavern Owners Liability 0806 See Dramshop Acts


Tax Certiorari 1011 This involves the review of real estate taxes based on assessed value of the property. The client wants a lawyer to present evidence that the property is worth less than what it has been assessed at so the tax should be lower.

Tax: Audits 1604 An administrative procedure whereby an IRS agent inspects the books and records supporting the tax return of the person called in for the audit

Tax: Corporate & Partnership 1602 Many of the lawyers listed in this category are also CPA's.

Tax: International 1603 Sophisticated tax issues. If they arise from an estate, combine with 0402.

Tax: Litigation, fraud 1604& 1104

Distinguish between criminal tax fraud cases and audits.

Tax: Multi State Issues 1603 Sophisticated tax issues. If they arise from an estate, combine with 0402.

Tax: Pension Plans 1602 1700

1602 is for representing employers in setting up and modifying pension plans. If an employee calls regarding a dispute with the company, referral should be under a 1700 (Labor & Employment Law category)

Tax: Profit Sharing Plans 1602 This category is for representing employers in setting up profit sharing plans. If an employee calls regarding a dispute with the company, referral should be under a 1700 (Labor & Employment Law category)

Taxi & Limousine Commission 0208 Administrative hearings representing taxi drivers and companies.

Tenants Committees 1005 This is to represent the actual committee. Call may be about a rent strike or repair issues throughout the building. You can arrange for two or three lawyers to address the committee at no fee. All should be marked as referrals and please get the name and address of the committee and the spokesperson.

Torts General 0800 grouping could be others

A civil wrong or injury caused by negligent or wrongful conduct rather that causes an injury. This is such a broad term that it has little meaning for us. If some calls for a "Good Tort Lawyer," you have to find out what happened. They could be talking about a slip and fall, or medical malpractice, or legal malpractice, or libel or fraud, or police brutality or almost anything.

Trade Mark Infringement 0906 Use of a trademark that belongs to another so as to mislead consumers.

Trade Secret Litigation 0906 A trade secret is any formula, pattern, machine or process of manufacturing used in a business which may give the user an advantage over its competitors who do not know or use it. This includes confidential business information and customer lists. The owner must prove that the idea or item was held in strict secrecy and that it was obtained by others through fraud or other unfair means. Once a trade secret is discovered by analysis or any other proper method, the discoverer is free to use it.

Trademark 0901 Any word, name, symbol or devise used by a merchant or manufacturer to identify his or her goods and to distinguish them from goods manufactured or sold by others. This category is for registration and monitoring of the trademark. Refer under 0906 for infringement or unfair competition. A trademark may be protected without federal registration, but it is more difficult and proving damages are a problem.

Traffic 1105 This is for multiple parking tickets and moving violations, particularly important where caller drives for a living. If call concerns driving under the influence of drugs or alcohol, it should be referred as 1107 (DUI).

Trusts & Estates 0400 Simple Wills (0401), Estate Administration & Probate (0402), Estate Planning (0403), Complex Administration (0404).

Uncontested or simple divorce 0304 Level 1 Generally a divorce in which there are no child custody or visitation issues, there is little property and the parties have been married for a short time and are not seeking support or have agreed upon support and neither is on public assistance.

Unemployment Insurance 0221 We have no one willing to represent claimants because very limited fees that are allowed. The claimants can represent themselves or call the NYU Unemployment


Action Center

Unfair Competition 0207 0208, 0904

Representations or conduct that deceives the public into believing that the business name, reputation, or good will of one entity is that of another. Imitation of a competitor's product, package, or trademark.

Uniform Child Custody Act 0310 Act to establish procedures for interstate child custody disputes.

Uninsured Motorists 0808 lst party claim against plaintiff's own insurance company to collect under Uninsured Motorist coverage. Also claims against Motor Vehicle Accident Indemnity Corporation.

Uninsured/Underinsured 0808 lst party claim against plaintiff's own insurance company to collect under Underinsured Motorist coverage

Variances 1007 Exceptions to zoning or property use regulations for specific property.

White Collar Crime 1104 Embezzling, money laundering, insider trading, banking violations, etc.

Wills, Simple 0401 Referral category for wills involving limited assets and no complications or tax planning.

Wrongful/Abusive Termination 1702 Private Companies

Zoning 1007 Restrictions on the construction, use and nature of private real property usually set by the municipality. The restrictions must be for the purpose of furthering the health, morals, safety, or general welfare. Aesthetics may be more subject to attack. Zoning decisions should not be arbitrary and must comply with due process. Exceptions can sometimes be made for particular property by applying for a variance.


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