new york what is a legal representative vs a lawyer

What is a legal representative?

A legal representative is a person who has been empowered with the authority to act on behalf of someone else. He or she protects the interests of clients and is charged with making decisions when his or her charges are unable to do so.

What is considered an experienced attorney in New York?

A] Attorneys who have been admitted to the New York Bar for more than two years are considered experienced attorneys. Q] As an experienced attorney, what is my CLE requirement?

Is a member of the New York bar considered a lawyer?

All members of the New York Bar are presumed to be practicing law in New York unless otherwise shown. The burden of proof is on the individual attorney. You should be guided by case law and the Restatement of Law, Third, The Law Governing Lawyers, Chapter 1, § 3.

Does a lawyer automatically represent his or her constituents?

Thus, under Rule 1.13 (d), a lawyer for an organization may represent one or more of the organization’s constituents simultaneously if certain conditions are met. But the focus of this article is on whether the lawyer automatically represents constituents by operation of law, even if the lawyer has not intentionally undertaken to represent them.

What does it mean to practice law in New York?

What is a full time attorney in New York?

How long do you have to be an attorney to be considered an experienced attorney?

Who can submit names of attorneys who fail to comply with the CLE requirement?

Can an out-of-state attorney get CLE credit?

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Is a legal representative a lawyer?

More Definitions of Legal Representative Legal Representative means an attorney at law who has been retained by or for an individual, or a person or agency authorized by the court to make decisions about services for the individual.

What is a legal representative in court?

Legal Definition of legal representative : one who represents or stands in the place of another under authority recognized by law especially with respect to the other's property or interests: as. a : personal representative. b : an agent having legal status especially : one acting under a power of attorney.

What do you call a legal representative?

attorney-at-law. legal practitioner. legal executive. legal adviser.

What is a legal representative or power of attorney?

A Power of Attorney is a legal document giving someone else the authority to take actions or make decisions on your behalf. It enables you to choose a person/ or people (called an attorney) to deal with your property and affairs.

What is the role of legal representation?

The Function of Legal Representation Lawyers also draft contracts, agreements, wills, and other legal documents to protect their client's best interests. In fact, drafting financial contracts is a common business practice which requires a qualified lawyer.

Who is a legal representative with example?

In its broadest sense, one who stands in place of, and represents the interests of, another. A person who oversees the legal affairs of another. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent person.

Who is authorized representative?

Someone who you choose to act on your behalf with the Marketplace, like a family member or other trusted person. Some authorized representatives may have legal authority to act on your behalf.

Who can be called a lawyer?

A person who is still pursuing law / LLB is called Lawyer. This person is not eligible to stand in the court to put the stand of his/her clients. Lawyer is a basic term that refers to any person who has a law degree. There can be various different types of lawyers, such as advocates, attorneys, solicitors, etc.

What is the difference between legal heirs and legal representatives?

''A 'legal representative' may also include any person who intermeddles with the estate of the deceased. Such a person does not necessarily have to be a legal heir. Legal heirs are the persons who are entitled to inherit the surviving estate of the deceased. A legal heir may also be a legal representative.

What are the 4 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.

What is the difference between advocate and representative?

All limitations for an advocate must be filed with the supplier upon appointing the advocate. An Authorized Representative is a person/persons nominated by the customer to have full authority to deal with the supplier including to discuss or make changes to a customer's account without that customers being present.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

New York CLE Requirements - New York State Bar Association

The New York CLE Board has extended their order allowing Newly Admitted Attorneys to complete their Skills requirement via live webcast, teleconference or videoconference through December 31, 2022 Experienced attorneys must complete a total of 24 accredited CLE credit hours during each biennial reporting cycle (the two-year period between your attorney registrations). At least … Continued

How to Access Your CLE Credit Tracker

How to Access Your CLE Credit Tracker . Go to . www.nysba.org and click “LOG IN” Input your Username and Password then click on LOG IN“ ”

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MEMBERSHIP CLASSIFICATIONS/FEES I MEMBERSHIP CLASSIFICATIONS/FEES CLASS ...

Please return completed application/payment to: New York City Bar - Membership Department 42 West 44th Street, New York, NY 10036 T 212. Street, New York, NY 1003382.6663 • F 212.382.6760 • membershipservices@nycbar.org • www.nycbar.org

Find an Attorney | New York State Attorney General

The Office of the New York State Attorney General as the "People's Lawyer" is the guardian of the legal rights of the citizens of New York, its organizations and its natural resources.

Why is it important to meet with an attorney?

When seeking legal representation, it is important to meet with the attorney first in order to verify that he or she is competent and will do a good job representing the client's interests. Some attorneys will offer free consultations, which can be a good time to determine this.

Why is it important to have a lawyer and client working together?

It is important that the client and the lawyer are able to work successfully together and have an honest partnership free of any conflicts of interest; otherwise, an individual might need to find a different lawyer. Any information shared with a legal representatives is meant to be confidential.

Do lawyers work with clients?

Some lawyers will work with clients to create payment plans, but this is relatively rare. Other lawyers might take on certain cases pro bono, or a public defender might be assigned to defend an individual in a trial if he or she cannot afford legal representation.

Why is it important to hire a lawyer?

The vast nature of law makes it essential to hire a lawyer who’s experienced in the area of law that you need help with. This will ensure that things go your way since they’re knowledgeable and experienced. The lawyer should also capably handle all aspects of the legal system, including discovery, mediation, litigation, and trial. ...

What can an estate planning lawyer do for you?

An estate planning lawyer can also help you prepare documents that outline your last wishes, such as medical and burial procedures.

Why is it important to have an intellectual property lawyer?

The area of intellectual property law is essential because if someone infringes on your intellectual property, they could be held legally responsible ...

What type of lawyer do you need after an accident?

After suffering from severe injuries as a result of an accident, the legal representative you need to hire is a personal injury lawyer . This type of lawyer specializes in getting financial compensation for injuries you’ve sustained as a result of an accident.

What type of lawyer is best for a criminal case?

If you want a lawyer who’s experienced in handling the different stages of a criminal lawsuit, a criminal lawyer is the right pick . This type of lawyer specializes in criminal law, and it’s best to find one who’s familiar with the criminal laws within your state. They’re knowledgeable and experienced in knowing the rules concerning arrest, arraignment, bail, pleas, and any other relevant issue during a criminal trial.

What is personal injury lawyer?

Personal injury lawyers specialize in getting financial compensation in the shape of monetary damages for personal injuries sustained by a person. They’re also experienced in dealing with insurance companies when settling claims because they’re very knowledgeable about insurance laws.

Can an estate lawyer be a conveyancer?

Estate planning lawyers can also act as property conveyancing lawyers, ensuring your estate doesn’t go through the divisive probate processes once you die. This is because they’re knowledgeable on the process of legally transferring a property from one person to another.

Which New York Rule is more realistic?

Comment [9F] to New York Rule 1.10 is more realistic. It says:

What is the New York Rules of Professional Conduct?

The New York Rules of Professional Conduct attempt to answer the question of client identity when a lawyer represents an organization. Rule 1.13 (a) provides as follows:

What was the plaintiff in the demutualization of MetLife?

The plaintiffs in MetLife Demutualization were a class of people who had been policyholders of Metropolitan Life Insurance Company when it was a mutual insurance company. The class members complained that they were misled and shortchanged in the transaction by which the company demutualized in 2000. Nine years after the action was commenced and five weeks before trial was scheduled to begin, plaintiffs moved to disqualify MetLife’s lead counsel, Debevoise & Plimpton LLP (Debevoise). The basis for the motion to disqualify was that Debevoise had represented MetLife as an entity in the underlying demutualization. The District Court (per Judge Platt) granted the motion to disqualify Debevoise on the ground that its representation of MetLife in the 2000 demutualization had made it counsel to the policyholders as well, and Debevoise was now opposing the policyholders in a substantially related matter. The district court’s decision is not available anywhere, but the Second Circuit quoted the following colloquy to explain the district court’s decision:

Why does the executor of an estate need not provide substantive legal advice to potential beneficiaries?

477 (1977) (explaining that the lawyer for the executor of an estate need not provide substantive legal advice to potential beneficiaries because doing so would violate the lawyer’s duty to provide undivided loyalty to his client, the executor).

Can a lawyer represent a corporation?

One of the most difficult questions to answer is whether a lawyer who represents a corporation may accept or continue a representation adverse to an affiliate of the lawyer’s corporate client. In ABA Formal Ethics Op. 95-390 (1995), one of only a handful of ABA ethics opinions with multiple dissents, the ABA ethics committee opined that a lawyer who represents a corporate client “is not by that fact alone necessarily barred from a representation that is adverse to a corporate affiliate of that client in an unrelated matter.” (One dissenter argued that “the suit against the subsidiary will always have a direct impact on it and no matter what the majority opines, will be a conflict of interest.”) However, the majority also said that a lawyer “may not accept such a representation without consent of the corporate client if the circumstances are such that the affiliate should also be considered a client of the lawyer …”

Is Evans v Artek a rule?

The court found the rule of Evans v. Artek to be “entirely consonant with Rule 1.13 of the New York Rules of Professional Conduct“ and with restatement (Third) of the Law Governing Lawyers, §96 cmt. b (explaining that a lawyer retained by a corporation has an attorney-client relationship with the corporation, but the lawyer “does not thereby also form a client-lawyer relationship with all or any individuals employed by it or who direct its operations or who have an ownership or other beneficial interest in it, such as shareholders”).

Did you represent the policyholders in a case?

The Court: You did represent the policyholders, because there was — they were the corporation. That’s the problem. The problem was that all of the former or the policyholders were the owners of the corporation. So you represented them and the track if you will because there was no — they were your clients.

What does it mean to practice law in New York?

Attorneys "practice law in New York" if they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector.

What is a full time attorney in New York?

2. Full time active members of the U.S. Armed Forces, 3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New York for a case or proceeding, and. 4. Attorneys who certify that they are retired from the practice of law pursuant to § 468-a of the Judiciary Law.

How long do you have to be an attorney to be considered an experienced attorney?

A] Attorneys who have been admitted to the New York Bar for more than two years are considered experienced attorneys.

Who can submit names of attorneys who fail to comply with the CLE requirement?

A] The names of attorneys who fail to comply with the CLE requirement may be submitted to the Appellate Division for appropriate action.

Can an out-of-state attorney get CLE credit?

A] A New York attorney may earn credit for attendance at an out-of-state course provided that the course is accredited by the CLE agency of another state or foreign jurisdiction that has been approved by the New York State CLE Board as meeting New York’s accreditation standards. An out-of-state course accredited by a New York Approved Jurisdiction is eligible for New York CLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines. The attorney must obtain from the provider documentation of course accreditation by a New York Approved Jurisdiction, a proper certificate of attendance and for nontraditional formats, proof of the provider’s independent verification of the attorney’s completion of the course. Please see section 6 of the Regulations and Guidelines for details.

What does it mean to practice law in New York?

Attorneys "practice law in New York" if they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector.

What is a full time attorney in New York?

2. Full time active members of the U.S. Armed Forces, 3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New York for a case or proceeding, and. 4. Attorneys who certify that they are retired from the practice of law pursuant to § 468-a of the Judiciary Law.

How long do you have to be an attorney to be considered an experienced attorney?

A] Attorneys who have been admitted to the New York Bar for more than two years are considered experienced attorneys.

Who can submit names of attorneys who fail to comply with the CLE requirement?

A] The names of attorneys who fail to comply with the CLE requirement may be submitted to the Appellate Division for appropriate action.

Can an out-of-state attorney get CLE credit?

A] A New York attorney may earn credit for attendance at an out-of-state course provided that the course is accredited by the CLE agency of another state or foreign jurisdiction that has been approved by the New York State CLE Board as meeting New York’s accreditation standards. An out-of-state course accredited by a New York Approved Jurisdiction is eligible for New York CLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines. The attorney must obtain from the provider documentation of course accreditation by a New York Approved Jurisdiction, a proper certificate of attendance and for nontraditional formats, proof of the provider’s independent verification of the attorney’s completion of the course. Please see section 6 of the Regulations and Guidelines for details.