Legal Malpractice
Munzer & Saunders, LLP, specializes in representing clients against their former attorney for professional negligence. Legal malpractice is a broad term that encompasses various types of civil liability claims brought against lawyers for breaches of duties owed by lawyers to clients and occasionally to other persons that cause damages. Particular conduct by a lawyer may violate the professional standard of care, disciplinary rules, civil statutes, and even criminal statutes. Such conduct may result in money damages, fee forfeiture, disqualification, and loss of license.
Negligence
Lawyers impliedly represent to clients that they possess the requisite degree of skill, learning, and ability necessary to practice law and will exercise reasonable and ordinary care and diligence in applying their skill and knowledge in the representation of clients. Claims for negligence are by far the most common claims brought against lawyers. The traditional elements of any negligence claim are:
1. the defendant owes the plaintiff a duty to exercise care;
2. the defendant breaches that duty of care;
3. the breach of duty proximately caused the plaintiff injury; and
4. damages for such injury.
Lawyers generally owe the duty to exercise care only to clients, and not to third parties. New York defines professional negligence to mean the failure to use ordinary care, that is, failing to do that which an attorney of ordinary prudence would have done under the same or similar circumstances or doing that which an attorney of ordinary prudence would not have done under the same or similar circumstances. Proof of the standard of care and of the breach thereof typically requires expert testimony of an attorney.
Lawyers are fiduciaries, and, as such, owe clients the duty of utmost loyalty and are obligated to render a full and fair disclosure of all facts material to the clients’ representation. Lawyers thus owe a duty of good faith and fair dealing with their clients and all dealings between lawyers and clients must involve full integrity and fidelity by the lawyers. Lawyers must place the interests of the clients before the interests of the lawyers or of other persons, including other clients. Failure in the duty of full disclosure is tantamount to concealment. Clients justifiably rely on the integrity and fidelity of their lawyers.
The fiduciary duties of lawyers include, inter alia, avoiding impermissible conflicts of interests, safeguarding client confidences and property, disclosing fully all material information, following client instructions, and not engaging in activities adverse to the clients. When a client alleges that a lawyer has breached fiduciary duties, a presumption of unfairness arises and the lawyer bears the burden of proof that the fiduciary duty was complied with perfect fairness, adequacy, and equity.
Fraud
Fraud consists of a false representation of a material fact, known to be false or made recklessly without any knowledge of its truth, made with the intent that another party would act upon the representation, upon which such other party reasonably relies thereby suffering injury. Lawyers may be held responsible in damages for defrauding their own clients; lawyers may also be liable for committing fraud upon third parties. Fraud may also arise where a lawyer has a duty to disclose certain information and fails to do so, to the detriment of the client. (Return To Top)
Securities Law
Munzer & Saunders, LLP, is involved in securities law, including representing financial professionals in regulatory investigations, from the AAA to FINRA, and the state securities commissions. Munzer & Saunders, LLP, has represented brokerage firms and financial professionals in their regulatory, litigation and employment issues. Our experience and knowledge of this highly specialized area of employment law enables us to provide guidance and assistance, to firms as well as professionals, in the negotiation of compensation packages and upfront loans, as well as severance agreements, promissory note settlements and restructuring, and non-compete waivers. We have negotiated broker compensation agreements for individuals with major Wall Street firms. The use of upfront bonuses, or employee forgivable loans as inducements and compensation for a broker to change firms, has a series of issues, pitfalls and dangers, for the firm, and for the broker. This experience, coupled with a continual monitoring of legal decision and trends, enables us effectively to negotiate securities employment agreements for our clients.
If the employment relationship does not go as planned, Munzer & Saunders, LLP, also provides representation and counsel in post-employment disputes, including severance agreements, re-negotiation of promissory notes and non-compete agreements, as well as ongoing counsel in post-termination investigations by FINRA and the SEC, as well as in litigation over the employer-employee relationship. (Return To Top)
Securities Arbitration Proceedings
Munzer & Saunders, LLP, practices in the area of securities arbitration, representing customers, brokers and brokerage firms in FINRA arbitrations. We pride our self on our dedication to our clients, and the desire to champion their cause and position. Munzer & Saunders, LLP, represents clients in matters across the country, and has represented parties in proceedings held in New York, New Jersey, New Hampshire, Washington, D.C., and Florida. (Return To Top)
Civil Litigation
Munzer & Saunders, LLP, litigates disputes between both individuals and businesses in State and Federal Court, as well as Federal Bankruptcy court. Whether it’s a contractual dispute, a dispute between business partners or shareholders, Munzer & Saunders, LLP, zealously and effectively advocate for our client’s legal rights. (Return To Top)
Business Law
Munzer & Saunders, LLP, is a full-service business law firm. Whether you are opening a new business, changing the legal form of your business, selling/buying a business, or dissolving a corporation, we can assist you in maximizing your financial advantages and protecting your legal rights. We negotiate and draft partnership agreements, shareholder agreements, organizational by-laws, employment contracts, non-compete agreements, and severance agreements/general releases. At Munzer & Saunders, LLP, we believe in providing our business clients sound corporate counsel and advice, so as to minimize their business, financial and legal risks.
We also assist our business clients in collecting unpaid debts, and litigate business disputes in federal and state court on behalf of our business clients. (Return To Top)
Real Estate
Munzer & Saunders, LLP, represents clients in all aspects of the purchase, sale and refinancing of residential, commercial and mixed-use real properties throughout the State of New York. We pride ourselves in being involved in every step of the process, including the negotiation of the terms of the sale, the drafting of the contract, the engineer’s inspection, the title report, lien issues, and the closing.
When you retain Munzer & Saunders, LLP, to assist you in a real property matter, you can be assured that you will have an aggressive, caring and competent attorney available to assist you in every step of the process. (Return To Top)
Will, Trusts and Estates
Munzer & Saunders, LLP, can assist you in planning the smooth succession of your estate, as well as planning for those sensitive end-of-life decisions.
At Munzer & Saunders, LLP, we believe that it is the individual, and not the government or the courts, who should decide such important decisions as what medical treatment you should receive at the end of your life, who should inherit your assets, and who should have guardianship over your children.
No matter what size your estate, it is important to have an orderly plan in place for these, and other, decisions. We assist our clients to do so by drafting Last Wills and Testaments, Trusts, Living Wills, Health Care Proxies and Powers of Attorneys.
Munzer & Saunders, LLP, also assists families when disputes arise regarding the distribution of a loved one’s estate, the mental capacity of the testator, or a fiduciary under the Will. (Return To Top)
Matrimonial/Family Law
Munzer & Saunders, LLP, has experience in handling such matters as divorces, separations, and division of marital assets. While we handle these matters aggressively, we never forget the sensitive nature of such matters. (Return To Top)
Personal Injury
Munzer & Saunders, LLP, represents clients those who have been injured, or have had a family member injured, due to the negligence, carelessness and recklessness of others. This includes motor vehicle accidents, slip and falls, premises liability, and wrongful death matters. We also defend against such claims.
(Return To Top)
Munzer & Saunders, LLP, specializes in representing clients against their former attorney for professional negligence. Legal malpractice is a broad term that encompasses various types of civil liability claims brought against lawyers for breaches of duties owed by lawyers to clients and occasionally to other persons that cause damages. Particular conduct by a lawyer may violate the professional standard of care, disciplinary rules, civil statutes, and even criminal statutes. Such conduct may result in money damages, fee forfeiture, disqualification, and loss of license.
Negligence
Lawyers impliedly represent to clients that they possess the requisite degree of skill, learning, and ability necessary to practice law and will exercise reasonable and ordinary care and diligence in applying their skill and knowledge in the representation of clients. Claims for negligence are by far the most common claims brought against lawyers. The traditional elements of any negligence claim are:
1. the defendant owes the plaintiff a duty to exercise care;
2. the defendant breaches that duty of care;
3. the breach of duty proximately caused the plaintiff injury; and
4. damages for such injury.
Lawyers generally owe the duty to exercise care only to clients, and not to third parties. New York defines professional negligence to mean the failure to use ordinary care, that is, failing to do that which an attorney of ordinary prudence would have done under the same or similar circumstances or doing that which an attorney of ordinary prudence would not have done under the same or similar circumstances. Proof of the standard of care and of the breach thereof typically requires expert testimony of an attorney.
Lawyers are fiduciaries, and, as such, owe clients the duty of utmost loyalty and are obligated to render a full and fair disclosure of all facts material to the clients’ representation. Lawyers thus owe a duty of good faith and fair dealing with their clients and all dealings between lawyers and clients must involve full integrity and fidelity by the lawyers. Lawyers must place the interests of the clients before the interests of the lawyers or of other persons, including other clients. Failure in the duty of full disclosure is tantamount to concealment. Clients justifiably rely on the integrity and fidelity of their lawyers.
The fiduciary duties of lawyers include, inter alia, avoiding impermissible conflicts of interests, safeguarding client confidences and property, disclosing fully all material information, following client instructions, and not engaging in activities adverse to the clients. When a client alleges that a lawyer has breached fiduciary duties, a presumption of unfairness arises and the lawyer bears the burden of proof that the fiduciary duty was complied with perfect fairness, adequacy, and equity.
Fraud
Fraud consists of a false representation of a material fact, known to be false or made recklessly without any knowledge of its truth, made with the intent that another party would act upon the representation, upon which such other party reasonably relies thereby suffering injury. Lawyers may be held responsible in damages for defrauding their own clients; lawyers may also be liable for committing fraud upon third parties. Fraud may also arise where a lawyer has a duty to disclose certain information and fails to do so, to the detriment of the client. (Return To Top)
Securities Law
Munzer & Saunders, LLP, is involved in securities law, including representing financial professionals in regulatory investigations, from the AAA to FINRA, and the state securities commissions. Munzer & Saunders, LLP, has represented brokerage firms and financial professionals in their regulatory, litigation and employment issues. Our experience and knowledge of this highly specialized area of employment law enables us to provide guidance and assistance, to firms as well as professionals, in the negotiation of compensation packages and upfront loans, as well as severance agreements, promissory note settlements and restructuring, and non-
Securities Arbitration Proceedings
Munzer & Saunders, LLP, practices in the area of securities arbitration, representing customers, brokers and brokerage firms in FINRA arbitrations. We pride our self on our dedication to our clients, and the desire to champion their cause and position. Munzer & Saunders, LLP, represents clients in matters across the country, and has represented parties in proceedings held in New York, New Jersey, New Hampshire, Washington, D.C., and Florida. (Return To Top)
Civil Litigation
Munzer & Saunders, LLP, litigates disputes between both individuals and businesses in State and Federal Court, as well as Federal Bankruptcy court. Whether it’s a contractual dispute, a dispute between business partners or shareholders, Munzer & Saunders, LLP, zealously and effectively advocate for our client’s legal rights. (Return To Top)
Business Law
Munzer & Saunders, LLP, is a full-
We also assist our business clients in collecting unpaid debts, and litigate business disputes in federal and state court on behalf of our business clients. (Return To Top)
Real Estate
Munzer & Saunders, LLP, represents clients in all aspects of the purchase, sale and refinancing of residential, commercial and mixed-
When you retain Munzer & Saunders, LLP, to assist you in a real property matter, you can be assured that you will have an aggressive, caring and competent attorney available to assist you in every step of the process. (Return To Top)
Will, Trusts and Estates
Munzer & Saunders, LLP, can assist you in planning the smooth succession of your estate, as well as planning for those sensitive end-
At Munzer & Saunders, LLP, we believe that it is the individual, and not the government or the courts, who should decide such important decisions as what medical treatment you should receive at the end of your life, who should inherit your assets, and who should have guardianship over your children.
No matter what size your estate, it is important to have an orderly plan in place for these, and other, decisions. We assist our clients to do so by drafting Last Wills and Testaments, Trusts, Living Wills, Health Care Proxies and Powers of Attorneys.
Munzer & Saunders, LLP, also assists families when disputes arise regarding the distribution of a loved one’s estate, the mental capacity of the testator, or a fiduciary under the Will. (Return To Top)
Matrimonial/Family Law
Munzer & Saunders, LLP, has experience in handling such matters as divorces, separations, and division of marital assets. While we handle these matters aggressively, we never forget the sensitive nature of such matters. (Return To Top)
Personal Injury
Munzer & Saunders, LLP, represents clients those who have been injured, or have had a family member injured, due to the negligence, carelessness and recklessness of others. This includes motor vehicle accidents, slip and falls, premises liability, and wrongful death matters. We also defend against such claims.
(Return To Top)