• 22 minutes

The Attorney Acts as a Counselor and an Advocate - Ethical Issues in Construction Law


What Ethical Guidelines Exist to Ensure Fairness to Opposing Party and Counsel?

Rule 2 addresses the attorney as an advisor or counselor and specifically Rule 2.1 imposes an ethical duty on an attorney to exercise independent professional judgment and candid advice. This means the attorney needs to tell their client the good, the bad and the ugly. While no attorney likes to tell their clients bad news, it is their duty to. If they don’t they are building up to a larger problem down the line.

Runtime: 21 minutes



Michael D. Ganz

Michael D. Ganz

Tunstead & Schechter

  • Partner at Tunstead & Schechter, Jericho, New York
  • Practice consists of general construction litigation and transactional matters, representing contractors, subcontractors, owners, architects, engineers and sureties
  • American Arbitration Association – Construction Panelist
  • Past chairman of New York County Lawyer’s Association – Construction Law Committee
  • Legal counsel to Regional Electrical Contractors Association
  • Lecturer on construction law issues to attorneys, design professionals and contractors
  • Former project engineer for both public and private construction projects with a degree in mechanical engineering representing both owners and contractors
  • J.D. degree, Brooklyn Law School; B.S. degree, mechanical engineering, SUNY at Buffalo
  • Can be contacted at (516) 822-4400 or [email protected]
Jason L. Rothman

Jason L. Rothman

Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP

  • Partner at Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale, New York
  • Practice concentrated in representing owners, contractors, subcontractors, construction managers, design professionals and suppliers in all manner of disputes, litigation and transactional matters
  • Regular lecturer on construction law issues and topics
  • J.D. degree, cum laude, St. John’s University School of Law
  • Can be contacted at (516) 248-1700 or [email protected]

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