Counsel’s Liability for Disbursement of Counterfeit Funds Part 2

Correctly maintaining attorney trust accounts and disbursing client funds are riddled with pitfalls that every attorney must be mindful of.  Once example was discussed in the February 2011 column, which reviewed the case of JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In […]

Converting a Fifth Amendment Invocation Into a Negative Inference

By Leo K. Barnes Jr.* *Mr. Barnes, a member of Barnes & Barnes, P.C., can be reached at lkb@barnespc.com

Last month we addressed the transformation of a criminal court plea or guilty verdict into civil court liability, relying upon collateral estoppel. This month we take a step back. Assume that the civil case […]