Civil Practice Law and Rules [CPLR] Section 3025 authorizes the amendment of a pleading in an action, including the Complaint of the plaintiff. According to subsection (b) of CPLR 3025, leave of court is needed to amend a pleading once issue has joined; however, it should be freely given to a party.New York courts have held that, in the absence of prejudice to the defendant, the amendment of a pleading should be freely granted by a court. It is also well established law that a motion to amend a pleading should be freely given absent a showing by an opposing party of surprise or prejudice....
How the “Continuous Representation” Doctrine Helps Injured Clients
In legal matters, there is an attorney-client relationship from the moment that the attorney is consulted by the client until the matter concludes. If, during the term of this relationship, the attorney was negligent or commits malpractice in the matter, the client may have a claim against the attorney for legal malpractice. Sometimes, the malpractice is committed at the early stages of litigation and not at the conclusion; for instance, an action may have started in Year 1, malpractice was committed in Year 2, and the action concludes in Year 6....The Enforcement of an Attorney's Retaining Lien
Sometimes, an attorney is discharged by his client without cause, and with a substantial amount of money due to the attorney from the client. Aside from the attorney bringing a plenary action on the debt owed by the client, the attorney may seek alternative measures through the application of liens upon the client’s cause of action or file, through the employment of either a “charging” lien or “retaining” lien. (Continued.)Why Settle for a Charging Lien?
In litigation, there may come a time when, without cause, an attorney withdraws from the case or the client discharges the attorney. At that instance, the attorney is wondering how he is going to get paid the remainder of his legal fee from his client. He may also be wondering what mechanisms may be used to get paid. (Continued.)