Sylvia Rebecca Gutierrez

Sylvia Rebecca Gutierrez

January 10, 2019 | New Jersey Law Journal

Is It Worth the Risk? Doing Business With Your Client

New Jersey's attitude toward business transactions between attorneys and clients is clear—while not prohibited, avoid them.

By Michael Furey and Sylvia-Rebecca Gutierrez

9 minute read

January 15, 2018 | New Jersey Law Journal

Judicial Error: The Forgotten Defense

Sometimes, the trial judge can make an error that may prove decisive in the case. Is this a defense when the attorney is sued by her client for malpractice?

By Michael K. Furey and Sylvia-Rebecca Gutierrez

9 minute read

January 16, 2017 | New Jersey Law Journal

Are Advance Waivers Enforceable? Maybe

Increasingly, law firms are seeking waivers of possible future conflicts of interest with their clients when they undertake a representation, i.e., the client agrees to waive conflicts its attorneys may encounter in the future.

By Michael K. Furey and Sylvia-Rebecca Gutierrez

22 minute read

November 25, 2015 | New Jersey Law Journal

The 'Saffer' Rule: Is It Time to Reconsider?

It is time for New Jersey to return to the mainstream by permitting a disgorgement of fees, but not the recovery of the fees, in pursuing a malpractice action.

By Michael K. Furey and Sylvia-Rebecca Gutierrez

7 minute read

November 25, 2015 | New Jersey Law Journal

The 'Saffer' Rule: Is It Time to Reconsider?

It is time for New Jersey to return to the mainstream by permitting a disgorgement of fees, but not the recovery of the fees, in pursuing a malpractice action.

By Michael K. Furey and Sylvia-Rebecca Gutierrez

7 minute read

June 18, 2015 | New Jersey Law Journal

Appellate Court Rejects Ascertainability as Class-Cert Requirement

The New Jersey Appellate Division addressed for the first time whether a plaintiff was required to demonstrate "ascertainability" of class members to be granted class certification.

By Elizabeth J. Sher, Sylvia-Rebecca Gutiérrez and Alba V. Aviles

6 minute read

June 18, 2015 | New Jersey Law Journal

Appellate Court Rejects Ascertainability as Class-Cert Requirement

The New Jersey Appellate Division addressed for the first time whether a plaintiff was required to demonstrate "ascertainability" of class members to be granted class certification.

By Elizabeth J. Sher, Sylvia-Rebecca Gutiérrez and Alba V. Aviles

6 minute read