Michael G. Jacobson

Michael is a member of the firm's Professional Liability Department where he focuses his practice on the defense of attorneys, accountants, insurance producers, corporate directors and officers, and financial institutions, among other clients. Prior to joining Marshall Dennehey, Michael was an associate at a Long Island law firm focused on labor, employment and commercial litigation.

During law school, Michael completed clerkships in employment law for a private law firm and nonprofit legal services organization. He also served as a Judicial Intern for Honorable Elena Baron in the Civil Court of the City of New York and staff editor for the Cardozo Law Review. Further, during this time, he founded the Law and Data Science Society of the Benjamin N. Cardozo School of Law and participated in the Appropriate Dispute Resolution Field Clinic.

While obtaining his undergraduate degree, Michael was the president of the New York University History Society.

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

February 1, 2025

An attorney cannot be liable for failing act outside the scope of the retainer agreement.Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023)The plaintiff had retained the defendant-attorney for representation in a workers’ compensation claim. The retainer agreement explicitly excluded the possibility that the defendant was representing him in other types of claims. The plaintiff alleged the defendant committed malpractice by failing to advise him of potential personal injury claims against other third parties. The defendant subsequently moved for summary judgment, arguing that advising the plaintiff of potential personal injury actions was beyond the scope of the retainer agreement. Looking to Rule 1.2(c) of the Rules of Professional Conduct, the court noted that a lawyer cannot be liable for failing act outside the scope of their retainer. Legal Updates for Lawyers’ Professional Liability - February 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact [email protected].

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

February 1, 2025

Venue and Retainer Agreements Price v. Kohn, Swift & Graf, P.C., 24-CV-04720 (JMW), 2024 WL 4528928 (E.D.N.Y. Oct. 18, 2024)In this case, argued by Nicholas P. Chrysanthem of tour New York City and Long Island offices, the plaintiff filed a myriad of claims that mainly sounded in legal malpractice. After the plaintiff’s meditation business attracted the attention of the FBI for, inter alia, forced labor, the plaintiff retained the defendants for representation in the criminal proceedings. The retainer agreement contained a forum selection clause for Philadelphia. The plaintiff unsuccessfully attempted to argue the retainer agreement was procured by fraud. Accordingly, the court transferred the action to the Eastern District of Pennsylvania. Legal Updates for Lawyers’ Professional Liability - February 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact [email protected].