Legal Question in Business Law in New York

Re: Problem with a client who is also a lawyer

The prior responder is talking about the Statute of Frauds when he says that the contract that is for more than $500 and takes more than a year to perform is unenforceable unless it's in writing. What he leaves out is that a contract that FROM ITS INCEPTION is for more that $500 OR would take more than a year to perform (and the parties knew that at time of formation) is unenforceable unless it's in writing. The over-$500 part may be true in your case (depending on your normal rates for web development), but I doubt very much that when you and your lawyer friend entered this deal you expected this website to take more than a year to finish, so the more-than-one-year part of the previous answer doesn't actually apply in your situation.

However, that's lawyers debating a fine point of contract law between ourselves. The practical advice he gave you is excellent, and I concur with it. But start looking now for a lawyer who will take on a case against another lawyer; that can be tough to find and you want this lawyer you hire to be in your back pocket if your "friend" sues you.

Good luck with salvaging what's left of the friendship. Make sure that especially with friends you have a signed writing the next time you enter into an agreement like this. Doing business with friends is generally a bad idea; a friendship deal too often loses both itself and friend (to paraphrase Polonius).

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Re: Problem with a client who is also a lawyer

If the contract is for more than $500 in services and takes more than a year to perform, its unenforceable if it isn't in writing and signed by the party to be held responsible, under the "statute of frauds."

Having said that,be aware that the emails may be held to be evidence of a contract and they have even been held to be contracts, with electronic signatures.

Practically speaking, wait for your friend to cool off, and then renegotiate the whole thing and put it in writing. If he sues you, retain an attorney.