Entries by Max Gormakh

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Identifying and Avoiding The Counterfeit Check Scam

The legal community is not immune to the ever-present threat of fraud, and lawyers must remain vigilant in identifying and avoiding transactions that may involve counterfeit checks. This is the key message of the 2021 Formal Ethics Opinion 2 from the North Carolina State Bar, which discussed a lawyer’s professional responsibility to safeguard entrusted funds. […]

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Zero Trust Law Firm Accounting

The traditional approach to security in law firms, where perimeter defenses such as firewalls and antivirus software are used, is no longer enough to protect against the ever-evolving threat landscape. “Zero trust” is quickly becoming a buzzword among large New York law firms. The idea behind the cutting-edge technological infrastructure is to enhance security measures […]

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The PLLC Publication Requirement

New York’s PLLC publication requirement is a relic from a bygone era when newspaper ads and announcements were the only way to ensure that the public had notice of new companies setting up shop. But despite the changes in technology and the decline of newspaper readership, the requirement remains law for newly-formed Professional Limited Liability […]

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Escrow vs. IOLA Accounts: What’s The Difference?

A common question that befuddles New York attorneys is what exactly is the difference between an escrow account and an “IOLA”? New York attorneys are often entrusted with managing client funds, such as settlement proceeds, that are held in trust. There are two common types of accounts used for this purpose: an Interest on Lawyer […]

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Attorneys Audit Technique Guide

The Attorneys Audit Technique Guide is a comprehensive resource from the IRS that provides a detailed overview of the audit process for lawyers – and, in our view, required reading for every attorney. It covers everything from what to expect during an audit to what information the IRS may request.

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Attorney Fee Tax Deferral Guidance From The IRS

On December 16, 2022, the IRS issued a non-precedential 25-page Generic Legal Advice Memorandum (“GLAM”) offering guidance on attorney fee tax deferral. The Memorandum opines that where the opposing party’s insurance company sends the portion of the settlement representing the law firm’s fee to the third party, the law firm must include the fee in […]