Newark, N.J. (April 19, 2023) – Newark Partners David A. Tango and Jeffrey Spiegel secured an appellate victory on behalf of a New York attorney and his law firm when the New Jersey Superior Court, Appellate Division, upheld the dismissal of a lawsuit for the unauthorized practice of law.
As reported by the New Jersey Law Journal (part of Law.com), the defendant attorney in the underlying matter was not admitted to practice law in New Jersey when he helped an elderly woman execute her will from her hospital bed in the state. The lower court dismissed the matter after concluding that the plaintiff failed to produce expert testimony establishing that the unauthorized practice of law was the proximate cause of his damages. The plaintiff appealed.
On appeal, the Appellate Division similarly determined that standing alone, the unauthorized practice of law did not subject the defendants to civil liability. Instead, the plaintiff was required to prove proximate causation and damages, which he was unable to do without an expert report. Accordingly, the Appellate Division affirmed the dismissal of the action.
Mr. Tango is a member of Lewis Brisbois' Labor & Employment Practice. He is an experienced labor and employment attorney who focuses his practice on the representation of employers in federal and state courts, as well as before federal and state administrative agencies, in actions alleging employment discrimination, harassment, and retaliation.
Mr. Spiegel is a vice chair of Lewis Brisbois' Labor & Employment Practice. He represents and counsels clients in a diverse range of industries with respect to a wide variety of employment law matters, including federal and state anti-discrimination statutes, wage payment and overtime laws, whistleblower statutes, the Family and Medical Leave Act, and New Jersey and federal RICO statutes.
Read the full New Jersey Law Journal article, titled "Lawyer Not Admitted in New Jersey Held Not Liable for Legal Work Performed in Garden State," here (subscription may be required).
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