KJMSH&R Obtained Dismissal for Defendant-Client in Professional Liability Case
August 2023KJMSH&R obtained a pre-answer dismissal on behalf its clients in a professional liability matter venued in Supreme Court, New York County. The Complaint alleged that KJMSH&R’s clients, a law firm, breached Rule 4.2(a) of the Rules of Professional Responsibility by corresponding with the plaintiff in an underlying matter, despite the fact that said plaintiff was represented by counsel. The alleged correspondence at issue was a courtesy copy of motion papers which had also been sent to the Plaintiff’s attorney, and the Complaint alleged that this purported breach of ethical duties warranted a damages award of $1,000,000. In granting KJMSH&R’s motion to dismiss, the Court agreed that “there is no private right of action against an attorney or law firm for violations of the Code of Professional Responsibility or disciplinary rules”. Weinberg v. Sultan, 142 A.D.3d 767, 769 (1st Dep’t 2016). The successful motion was briefed by KJMSH&R Partner, Lee Schneider.