Attorneys often find themselves navigating the delicate balance between advocating for their clients’ interests and upholding the integrity of the judicial system. The recent decision by the First Department in the case of 13 E. 124 v. J&M Realty Services et al., 222 A.D.3d 446, 202 N.Y.S.3d 31 (2023), issued on Dec. 12, 2023, sheds light on the risks and challenges associated with representing clients with potentially frivolous or nonviable claims.
The case underscores attorneys’ duties to exercise due diligence in evaluating the merit of their clients’ claims not only before initiating legal proceedings, but at each step in the legal process. In 13 E. 124 v. J&M Realty Services et al., the plaintiffs moved by way of order to show cause for a preliminary injunction directing the defendants to cooperate with a change in property management, as required by the parties’ property management contract. The defendants, who sought to resolve the matter immediately upon receiving the plaintiffs’ order to show cause application, agreed to all of the plaintiffs’ requested relief and attempted to resolve the matter by drafting a proposed stipulation of settlement to that effect.
