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Weinstein Law Blog

Friday, November 4, 2016

CLIENT FIRST


              The legal system is an adversarial one.  The parties to any legal action are, by very definition, opposed to one another.  The plaintiff/prosecution and the defense have the responsibility for finding and presenting evidence.  No one is holding the other’s hand.  Each side is advocating for their own interest.
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Friday, October 28, 2016

SUING NEW YORK CITY


I Want to Sue The City

              If you wish to bring a lawsuit against New York City or other such municipality, there is an initial hurdle everyone must walk through – the Notice of Claim.

What is a Notice of Claim?

              In New York, the law provides that within 90 calendar days of the incident which is the basis for the lawsuit, you must give notice to the municipality.  Then, after such notice, the municipality has a right to conduct a hearing within a period of time.  The Notice of Claim works as a pre-litigation tool allowing for offers of settlement prior to going to court. 

              Once you bring a Notice of Claim, you have one-year and ninety-days to sue in court.


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Friday, October 21, 2016

MISSING COURT

            What Happens If I Miss My Court Date?

              It is always important to make all of your court dates.  However, sometimes you miss a date.  In a Criminal Court Case, if you miss a day you are to appear in front of the judge, it is highly likely that you will have a Bench Warrant issued for your arrest.

            What is a Bench Warrant?

              A Bench Warrant is an order, issued from a sitting judge stating that you have a warrant for your arrest and that after such arrest you are to be produced to that court from which the warrant issued.

            What Happens If I Get A Warrant?

              Once a Bench Warrant is ordered, the police will have access to it.


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Friday, October 14, 2016

WORKPLACE BULLYING


In an era where many of us spent most of our time at work, the workplace has literally become a second home.  Often, we spend more hours in the office during a calendar year then at home.  It is extremely important that the workplace be one that conveys the same sense of safety and security as we have at home.  Yet, frequently that is not the case.  A hostile work environment, resulting from workplace bullying, is unacceptable.
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Friday, October 7, 2016

PRIVATE COMPLEX CIVIL FRAUD


              A specific aspect of my practice focusses on private complex civil fraud.  Think a Madoff-ish case.  These cases are extremely taxing and interesting. 

What is a “Typical” Case?

              The typical case is where individual(s) claims to be collecting money for a larger company.  Often, these individual’s pray on their own ethnic groups, taking advantage of the implicate trust in such relationships.
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Friday, September 30, 2016

EXPERIENCE IS KEY


I regularly go up against large corporations and municipalities.  As such, I am fighting some of the largest and well established law firms for my clients.  Amazingly, I find many of these firms do not live up to their name.

Generally, an associate attorney, who may have come from a big-name law school, is the true lead attorney on the case.  The extremely important task of Motion Practice is primarily in the newer attorney’s lap.
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Friday, September 23, 2016

THE IMPORTANCE OF LEGAL WRITING

Probably the most important aspect of the law, which is shielded from the general public, is legal advocacy in the form of the written word. The movies do not cover it and you will never find it in a television show. Yet, good writing wins cases. Proper and necessary advocacy skills definitively extend beyond the written form. However, any competent and experienced attorney will tell you about the extreme importance of writing well.


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Friday, September 16, 2016

CRIMINAL COURT MEDIATION


In New York City, especially within Brooklyn, there is a mediation program within the lower Criminal Courts.  This mediation program is extrajudicial, meaning it is not under the control of the court.  Rather, the District Attorney’s Office recommends, as an offer, that the Complainant and the Defendant engage in mediation and then refer the case for mediation.  The outcome of the mediation is generally accepted by the DA’s Office as incorporated into the offer for the Defendant.  Mediation is considered a consent adjournment for purposed of calculating statutory speedy trial time.


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Friday, September 9, 2016

Free Speech


What is Free Speech?

              Generally, free speech is “protected speech” from governmental intrusion.  The key here is that the government is not allowed to curtail or retaliate for an individual’s speech.  However, in the private realm, there is no constitutional protection for free speech.  “Speech” has been interpreted as protected varying forms of speech, including the lack of speaking.  Applying current events: when Colin Kaepernick did not stand for the National Anthem, this was not protected speech because the NFL is a private organization.
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Friday, September 2, 2016

Counselor v. Attorney


As an attorney with a focus on criminal defense and civil rights, I often find my clients worrying about immaterial and irrelevant matters.  While lawyers may be called “counselors” we simply do not possess the training to properly address the mental health issues that accompany a criminal case.  However, it is a position we must live up to and learn to manage.  Inevitably, and regardless of guilt or innocence, the criminal justice system is both a physically and psychologically traumatic experience.

As such, a lawyer will often find themselves thrust into the role of counseling the client on the law and the resulting emotional issues.
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Friday, August 26, 2016

Valuing One Another


One of the most difficult aspects of private practice is attorney-client relations.  The ethics rules and codes across the country are filled with regulations regarding proper attorney-client conduct.  Moreover, there is a myriad of case law and ethics decisions relating to this topic. It is a regular issue that both attorneys and clients face.

Often, lawyers make the worst clients to other lawyers for the same reason that doctors are terrible patients: they do not trust the other professional enough.


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The Law Office of Jacob Z. Weinstein, PLLC serves clients throughout Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Nassau County.



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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.