Disclaimer

Disclaimer

Terms of Use

This website is maintained by Tarter Krinsky & Drogin LLP (“us” or “we”) as a resource to be used by the public for general information and education purposes only.  While intended to be accurate, there is no promise or guarantee that all of the information is correct, complete or up-to-date.  Your use of information on the website or materials linked to the website is entirely at your own risk.  You should not act or rely on any information on the website without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular issue. 

Your use of this website does not create any attorney-client, contractual or other relationship between you and us.  Information contained on or made available through the website is not intended to and does not constitute legal advice under any circumstance. 

The legal resources and some of the articles on this website contain links to other Internet websites.  Those other websites contain information posted by organizations not related to us.  We do not maintain these other websites, do not guarantee the accuracy of information located at such websites and do not endorse or recommend these other websites or any product or other material on those sites.  We provide these links only as a convenience.  Use of information obtained from such websites is voluntary and at the risk of the user and you should undertake an independent review for accuracy and applicability and take into account those websites’ respective terms of use and privacy policies.

To the extent the State Bar Rules in your jurisdiction require us to designate a principal office responsible for this website, Tarter Krinsky & Drogin LLP designates our office in New York City, New York, USA, as its principal office.

We welcome your communication with us by e-mail.  However, if you communicate with us through this website or otherwise, in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information because your communication will not be treated as privileged or confidential.  If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that internet e-mail may not be secure.  By sending sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

Rules and Forms for the Arbitration of Fee Disputes

The New York County Lawyers' Association, the Bronx County Bar Association and The Association of the Bar of the City of New York (referred to throughout as the "Associations") have established a Joint Committee on Fee Disputes and Conciliation (the "Committee").  The Committee seeks to resolve Lawyer-Client Fee Disputes in a variety of ways.  Whatever the means employed, whether by Conciliation, Mediation, Arbitration, or otherwise, the Committee's goal is to provide a private and economical means of resolving disputes in an atmosphere of mutual understanding.

The Committee has adopted the following Rules (the "Rules") to facilitate the Mandatory Arbitration of Fee Disputes between lawyers and clients.  These Rules put into effect the requirements of 22 N.Y.C.R.R. Part 137 ("Part 137"), which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation.  In accordance with the procedures for arbitration, arbitrators shall determine the reasonableness of fees for professional services, including costs, taking into account all relevant facts and circumstances.  Mediation of fee disputes is strongly encouraged.  The Rules should be interpreted and applied consistently with the purposes of Part 137.

Although the Rules provide for hearings to resolve contested issues, in order to expedite resolution of disputes, all parties are encouraged to submit written statements and formally agree about facts whenever possible.

To view the full rules, click here.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.