FKB’s Aaron M. Barham and Sara J. Choe successfully defended a nonprofit legal services provider dedicated to serving individuals with mental health disabilities in an action filed in Bronx County Civil Court.

The pro se plaintiff, who had filed multiple actions against his landlord and supportive housing provider, alleged that the nonprofit failed to provide legal representation during those proceedings. FKB demonstrated that the organization had expressly informed the plaintiff in writing that it could not undertake representation, and that no attorney-client or contractual relationship was ever formed.

In their CPLR 3211 motion to dismiss, FKB successfully argued that the plaintiff lacked the legal and contractual privity required to sue, resulting in dismissal of the case in its entirety.

This result underscores the importance of clear intake documentation and written disclaimers—especially for nonprofit legal service providers or other entities facing high client volume and frequent pro se contact. FKB also advised the organization on risk mitigation strategies to help guide future interactions and refine intake protocols.

If you have any questions about this matter, the defense of attorneys or other professionals, or risk management strategy, please contact Aaron M. Barham or Sara J. Choe.