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GINARTE, O'DWYER, GONZALEZ, GALLARDO & WINOGRAD, LLP v. LAW OFFS. OF REX E. ZACHOFSKY, PLLC

158422/12, 8685NA, 8685N.

170 A.D.3d 494 (2019)

93 N.Y.S.3d 846

2019 NY Slip Op 01728

Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, L.L.P., Respondent-Appellant, v. The Law Offices of Rex E. Zachofsky, PLLC, et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 12, 2019.

Under Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.5 (g) (1), a lawyer may not divide a fee for legal services with another lawyer who is not associated with the same firm unless, inter alia, the division is in proportion to the services performed by each, and by writing given to the client, each lawyer assumes joint responsibility for the representation (Samuel v Druckman & Sinel, LLP, 12 N.Y.3d 205, 210 [2009]). Here...

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