Publication: One on One

A Beneficial Symbiotic Relationship: Rule 2.1 of the ABA Model Rules of Professional Responsibility and Appellate Mediation

Symbiosis is a scientific term describing any relationship or interaction between two dissimilar organisms. One type of symbiosis is a mutually beneficial one when each organism benefits from the other (as opposed to a non-beneficial one when one organism lives off another at the other’s expense). There are many examples of mutually beneficial symbiotic relationships … Continued

Bank Obligations Regarding Attorney Escrow Accounts

The president of the New York State Bar Association recently appointed me to a special ethics subcommittee on escrow rules applicable to attorneys. The committee consists of the general counsels of a number of court disciplinary committees, judges and the president of the Bar Association. The issues to be addressed by the committee relate to … Continued

What Is a QPRT and How Can I Utilize It to My Advantage?

The COVID-19 pandemic caused many Americans who reside in large cities to purchase vacation homes in places that are less congested or are otherwise considered vacation areas. For example, many New York City residents have purchased homes in the Hamptons, the Jersey Shore, the Adirondacks and even more distant places such as Florida and Arizona … Continued

‘Whatcha Got There?!’: City Marshal’s Poundage Fee Due

Setting the Scene A plaintiff, as creditor, sued a defendant, as debtor, on his personal guaranty of a note and recovered a $1 million judgment against him. The plaintiff-creditor issued an execution to the New York City marshal, who then levied on the defendant-debtor’s financial account. The creditor, debtor and City marshal stipulated that an … Continued

Ukraine: Stay and Remain

The Pentagon has deployed thousands of servicemembers in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are part of the first-ever NATO Response Force. As of the writing of this article, President Biden announced the stationing in Romania of a Brigade Combat Team from V Corps … Continued

New York State Bar Association Committee on Professional Ethics

Note: These and other opinions are available on the NYSBA website at NYSBA.ORG/ETHICS. Opinion 1241 (05/31/2022) Topic: New York attorney with out-of-state office; attorney advertising and letterhead Digest: A lawyer who is admitted to practice in both New York and Florida, but whose only physical office is in Florida, may state on the letterhead of his Florida … Continued

Mortgage Foreclosures and the Statute of Limitations

We have the unfortunately common situation today where a homeowner defaults in making monthly payments as called for in a note that is secured by a mortgage on a homeowner’s house. Simple enough: the holder/bank (hereinafter the “bank”) accelerates, proceeds to complete foreclosure, and sells the property. Ah, the good old days. They are gone, … Continued

Message from the Co-Editors

The world may be continuously adapting and changing around us, but one thing that never changes is the need for reliable and informative content and articles for our valued General Section members. We, as the Co-Editors of One on One, hope to be a constant source of fulfillment of this need. This issue, we are pleased to … Continued

Message From the Chair

As I begin my term as Chair of the General Practice (GP) Section, let me first thank the outgoing chair, Sarah Gold, for her outstanding work as Chair and her vision and concern for the Section and its future. Thank you, Sarah. It is the future of the Section that is of the most interest … Continued