How Do I Know What Type of New York Lawyer I Need?

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 How Do I Know What Kind of New York Lawyer I Need?

When it comes to how to choose an attorney for your case in New York, that will depend on your specific legal needs. New York attorneys often practice or even focus in distinct areas of the law. Each practice area requires different expertise and experience. Examples of common types of lawyers in New York include:

  • Family Law Attorneys: Family lawyers handle divorces, child custody, adoption, and domestic violence cases under New York Domestic Relations Law
  • Personal Injury Lawyers: If you’ve been injured in an accident due to another party’s negligence, these attorneys handle cases like car accidents, slip and falls, and medical malpractice under New York Civil Practice Law and Rules
  • Estate Planning Attorneys: These attorneys assist clients with wills, trusts, probate matters, guardianships, and planning for future asset distribution under New York Estates, Powers and Trusts Law
  • Criminal Defense Lawyers: These lawyers represent clients facing criminal charges under New York Penal Law, ranging from misdemeanors to serious felonies
  • Business and Corporate Lawyers: These types of attorneys may represent their clients in business, contracts, mergers and acquisitions, and various other matters of commercial litigation
  • Corporate Lawyers: These attorneys represent clients in business formations, contracts, mergers, acquisitions, and matters of commercial litigation under New York Business Corporation Law
  • Real Estate Attorneys: These attorneys represent both landlords and tenants, as well as buyers and sellers, dealing with property transactions, landlord-tenant disputes under New York Real Property Law

The following is a list of recommended actions to assist you in choosing an attorney in New York:

  • First, identify your exact legal issue to determine the relevant area of law
  • Next, you should look for a New York lawyer with experience handling similar cases
  • You should also check with the New York State Bar Association for the attorney’s credentials and ensure they are licensed to practice
  • It is recommended to set up a lawyer appointment with potential attorneys to determine if they are a proper fit
  • During your initial attorney consultation, you should inquire about the attorney’s experience and expected legal fees to handle your case

What Do Criminal Lawyers Do?

Criminal defense attorneys in New York represent clients through all stages of criminal proceedings, from arrest through trial or plea negotiations, under New York Criminal Procedure Law (“CPL”). These lawyers ensure their clients’ constitutional rights are protected under both state and federal law.

Criminal lawyer’s core duties include defending their clients against criminal charges, analyzing evidence, negotiating with prosecutors, and representing their clients at all court hearings. Criminal lawyers must have thorough knowledge of Article 170 of the CPL, which governs criminal procedure in New York courts, and Article 18-B of the County Law, which outlines requirements for proper legal representation in criminal cases. They must also be knowledgeable in the New York Penal Law, which defines criminal offenses and potential criminal penalties.

What Do Civil Lawyers Do?

In New York, civil lawyers represent clients in non criminal legal matters that occur between parties under the New York Civil Practice Law and Rules (“CPLR”). In a civil dispute, one party seeks monetary damages or specific actions rather than criminal penalties.

These lawyers handle cases involving contracts, personal injury, property disputes, business conflicts, and family law matters. Civil lawyers assist their clients by guiding them through the litigation process in New York state courts.

This includes filing or responding to lawsuits through settlement negotiations or trial, while following the CPLR and the Uniform Rules for New York State Trial Courts. They also provide legal counsel to their clients, draft documents, conduct discovery under Article 31 of the CPLR, and represent their clients at any in person mediation or court proceedings.

What Do Family Lawyers Do?

Family lawyers in New York handle a variety of legal matters involving marriage, divorce, child custody, support, adoption, and domestic violence under New York’s Domestic Relations Law (“DRL”) and Family Court Act (“FCA”).

Family lawyers assist their clients by guiding them through court proceedings in both Family Court and Supreme Court, negotiating settlements, drafting legal documents, and representing their clients in mediations and trials.

If children are involved, they also assist their clients with negotiating custody and visitation arrangements under Article 6 of the FCA, establishing or modifying child support payments according to New York’s Child Support Standards Act, and helping protect their client’s rights regarding equitable distribution of marital property, as well as their parental rights. They also handle matters involving spousal maintenance, which is also referred to as alimony, under the state’s maintenance guidelines formula.

What Do Probate Lawyers Do?

Probate lawyers in New York assist their clients by guiding executors and beneficiaries through the court supervised process of administering a deceased person’s estate under the New York Surrogate’s Court Procedure Act (“SCPA”) and Estates, Powers and Trusts Law (“EPTL”).

This process, known as probate, and the process takes place in the Surrogate’s Court of the county where the deceased person lived. Probate attorneys help identify and collect assets, pay creditors and taxes, distribute property to beneficiaries, and ensure compliance with all legal requirements under New York law.

They also guide executors through their fiduciary duties, which include filing the necessary documentation with the Surrogate’s Court, providing proper notice to heirs and beneficiaries, and managing estate assets according to state law.

What Do Wills, Trusts, and Estate Lawyers Do?

These attorneys assist people in planning their estate by creating properly drafted wills and trusts, as well as helping their clients manage their assets under New York’s Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act.

These lawyers draft essential documents like wills, living trusts, powers of attorney under New York’s General Obligations Law, and healthcare proxies under New York’s Public Health Law. These attorneys also assist their clients with tax planning in accordance with New York State tax laws, asset protection strategies, Article 81 guardianship arrangements, and administration of their trusts.

By creating comprehensive estate plans, estate lawyers protect their client’s wealth, minimize both New York State and federal estate taxes, and ensure their wishes are carried out while helping them avoid probate when possible. They must also consider New York’s specific rules regarding estate administration, including the state’s right of election laws that protect surviving spouses.

What Do Real Estate Lawyers Do?

New York real estate lawyers handle property transactions and disputes under New York’s Real Property Law (“RPL”), Real Property Actions and Proceedings Law (“RPAPL”), and Multiple Dwelling Law. They review and prepare contracts, conduct title searches, resolve boundary disputes, and handle real estate closings according to New York State Bar Association standards.

These attorneys also assist their clients with residential and commercial property purchases, sales, leases, and foreclosures, while also representing them in real estate litigation, zoning issues under New York City’s Zoning Resolution, if they are in NYC, and landlord-tenant disputes under New York’s rent regulation laws.

They also ensure proper documentation, compliance with state and local laws, including rent stabilization and rent control regulations where applicable, and protection of their clients’ property rights throughout any real estate transactions.

What Do Business Lawyers Do?

New York business lawyers help companies navigate legal matters under the New York Business Corporation Law (“BCL”) and New York Limited Liability Company Law (“LLCL”). They assist their clients with business formation, contracts, mergers and acquisitions, regulatory compliance under New York State regulations, and dispute resolution in New York courts.

These attorneys also assist their clients in drafting and reviewing essential documents, protecting their intellectual property under both state and federal law, handling employment issues under New York State Labor Law and New York City employment regulations, and representing businesses in litigation.

They also provide ongoing legal counsel for day-to-day operations, risk management, and assist with strategic business decisions that require legal expertise. Additionally, they help ensure compliance with New York State’s specific corporate governance requirements, including annual meeting obligations and filing requirements with the Department of State.

What Do Finance and Bankruptcy Lawyers Do?

New York bankruptcy lawyers help their clients navigate insolvency under federal bankruptcy code and New York State exemption laws. Specifically, they guide individuals and businesses through Chapter 7 liquidation or Chapter 13 reorganization processes in the U.S. Bankruptcy Courts for the Southern, Eastern, Northern, and Western Districts of New York.

They assist clients in negotiating with creditors and protecting their assets using New York’s specific exemptions under New York Civil Practice Law and Rules (“CPLR”) Section 5205 and Section 5206, which differ significantly from federal exemptions.

These attorneys also assist with debt restructuring, stopping foreclosures and collections through automatic stays, and filing necessary court documents related to bankruptcy. They must be particularly knowledgeable about New York’s homestead exemption, which varies by county, and other state specific protections that can affect their clients’ rights in bankruptcy proceedings.

What Do Employment Lawyers Do?

New York employment lawyers represent both employees and employers concerning workplace matters under federal laws, New York State Labor Law, New York State Human Rights Law (“NYSHRL”), and New York City Human Rights Law (“NYCHRL”). They handle cases involving discrimination, wrongful termination, wage disputes, harassment, retaliation, and employment contracts.

These attorneys also assist their clients with workplace compliance, negotiate severance agreements, handle workers’ compensation claims before the New York State Workers’ Compensation Board, and represent their clients before administrative agencies like the Equal Employment Opportunity Commission (“EEOC”), New York State Division of Human Rights (“NYSDHR”), and New York City Commission on Human Rights (“NYCCHR”).

They can also guide businesses on human resources policies while protecting workers’ rights under New York’s specific wage and hour laws, paid family leave requirements, paid sick leave laws, and the New York HERO Act for workplace safety.

Additionally, they help ensure compliance with New York’s unique employment regulations, such as the Wage Theft Prevention Act, spread of hours requirements, and enhanced workplace protections that often exceed federal standards.

What Do Immigration Lawyers Do?

New York immigration lawyers help their clients navigate federal immigration laws and United States Citizenship and Immigration Services (“USCIS”) procedures to obtain visas, green cards, and citizenship. They frequently work with cases in the New York Immigration Court, one of the busiest immigration courts in the nation, and the Board of Immigration Appeals (“BIA”).

They assist clients in handling employment visas, providing deportation defense in the New York and New Jersey Immigration Courts, and handling asylum applications, particularly through the New York and New Jersey Asylum Offices.

These attorneys represent clients before the U.S. District Courts for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, and various government agencies. They help prepare necessary documentation, ensure compliance with immigration regulations, and often work with New York State specific programs like the New York State Youth Leadership Council and the New York Immigration Coalition.

Where Can I Find the Right New York Lawyer?

When it comes to where you can find the right New York lawyer, LegalMatch can assist you in locating and setting up a legal consultation with an experienced attorney in your area who handles the practice area of law and covers the issues you are facing.

Oftentimes, an initial attorney consultation may be free or for a minimum cost. At the initial consultation, you should inquire about the attorney’s experience in handling cases similar to yours, as well as have a conversation regarding the estimated fees to handle your case. That will help you determine if they are the right fit for handling your issue.

They can also provide you with a roadmap of how you can best approach your legal issue. Finally, if you choose to hire them, they can begin assisting you with your issue by negotiating with the other party, filing a lawsuit, or representing you in court, as needed.

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