Time Chart of Potential Mistakes: Judgment, Notice of Appeal, Appeal, and End of the Relationship
Judgment
- You should prepare
- Correct interest
- Use of special verdicts in judgment
- Timely filing of judgment increases interest
- File notice of appeal from judgment if necessary
- Prompt payment of judgment per CPLR
- Cite all unappealed motions if necessary
Notice of Appeal
- Time limits can not be waived
- Measure date carefully
- File with Clerk and opponent
- RADI necessary in 2d Dept.
- Craft to appeal only that which you need to appeal
- Watch for Cross-appeal
- Be sure to serve document with notice of entry
Appeal
- Timely perfection
- Make motion early if necessary
- Highly technical rules about included items, pages, printing, service
- Recite post trial motions
- Advise client about time limits, costs, likelihood of success, downside if any
- Letter requesting oral argument, discussion with opponent
- Form to be filed in Court on day of argument
End of the Relationship
- Rules about holding files at end of relationship
- Liens: charging, retention, quantum meruit, contingency
- Rules about selection of compensation when representation is terminated
- Retention of files for 7 years
- Communication often heads off complaints
- Ethical rules re: Disciplinary complaints