Utilizing the old Notice to Admit.

One of the great unused tools that Article 31 of the CPLR provides for is the Notice to Admit. The Notice to Admit can be used in premises cases to nail down ownership etc., mva cases on license plates etc. and of course in Labor Law cases to establish various elements of your prima facie case. Serious time frames are attached to them and defense counsel usually get "a little bent out of shape " when they are served.
There is even a provision in the CPLR when a party responds with an unreasonable denial. This will give rise to motion practice and possibly costs and sanctions. Plus defendants will know you're playing for real.
So the next time an issue comes up; think about sending a 77 paragraph notice to admit to the defendants.

What do you do if a client agrees to settlement and then renegs?

We've all been down the road to hell, where the client agrees to a large settlement and then refuses to execute a release. Obviously the best thing you can do is to put it "on the record" in open Court and to have the client take the stand and agree to it. Unfortunately, thousands of settlements are not concluded in open Court, but over the phone, via email or at mediation. At a mediation, I would definitely have the client sign the mediation agreement. I'm not ashamed to tell you , when I practiced, I carried a blank release [and retainer] in my bag at all times. You can always pen in the information and substitute a nice "typed version" later on.
So here's the scenario. You have the client's verbal consent to settle a case for $ 3 million. Not only do you get the 3 million; but you get a higher offer to settle from the defense counsel of $5 million. Well I know what I would do...hop in a car, taxi or plane if necessary ,and that night have the client sign the release and all closing documents. Letting the client "think about it" is totally unacceptable.
You can also call the assigned Judge's Chambers and ask to be fit in asap to place a sizable settlement on the record. As soon as you hang up with the client immediately send them an email confirming the settlement.(They have to respond affirmatively via email) Then confirm via email that the settlement is being accepted by the client with the carrier or defense counsel ,or both. Have them countersign the writing.
Then , no matter what time of day, get all the closing documents prepared and let the client know you're on the way to their home to have the release[etc.] signed. Once it is signed, federal express the release, stip. of discontinuance and any hold harmless agreements to the defendants to start the clock ticking under CPLR 5003(a). You're now home free...lost in thoughts about your one third fee, referring attorney, taxes, etc.... Ah, bliss!

Medicare,It's killing me !

Whatever happened to the good old days when you settled a case with Allstate on Emmons Avenue for $75,000. Client comes in and executes the release and your messenger hand-delivers transmittal letter with release and stip. to Allstate and picks up check all in one "fell swoop". If you were lucky enough to get check on Monday or Tuesday, you would probably have money for Friday's payroll. Ah, the good old days!

Well no more. With all the craziness and uncertainty about the Medicare Resolution law, IT IS NOW TAKING LONGER THAN EVER to get clearance and ultimately the settlement funds. I have received more calls for funding from attorneys in the last 6 months; a result of the economy plus the Medicare delays. There is nothing to be ashamed of by requesting funding on cases[settled] which are taking 3-6 months to get paid, instead of the statutory 21 days.(see CPLR 5003(a). No one is a bottomless well.

If you have a situation where a delay in payment has occurred and a cash -flow issue exists, contact me and we can explore reasonable funding options.

Good luck.