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FREEMAN LEWIS LLP v. FINANCIERA DE DESARROLLO INDUS. Y COMMERCIAL S.A.

9383N, 651458/17.

172 A.D.3d 574 (2019)

2019 NY Slip Op 03936

Freeman Lewis LLP, Respondent, v. Financiera De Desarrollo Industrial y Commercial S.A. et al., Appellants, et al., Defendants.

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

Decided May 21, 2019.

The IAS court erred in finding that plaintiff was likely to prevail on its claim for fees under the retainer agreement. Whether some or all of plaintiff's fee should be forfeited due to ethical violations is to be determined on a full record. At this stage of the litigation, the allegations and arguments that plaintiff violated the Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.7 (a) by suing Fideicosa for fees while still...

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