My Experience Hiring Attorney Elliot J. Rosner
A factual account by a former client with opinions clearly labeled. Full disclaimer.
The Background
In late 2023, in my role as CEO of ZELF Inc., I engaged Offit Kurman, P.A. to represent us in a commercial litigation matter against a major financial institution in the New York Supreme Court, Commercial Division. We came to the firm based on a trusted personal referral. The attorney assigned was Elliot J. Rosner, a Principal billing at $545 to $600 per hour, out of the firm's New York office at 590 Madison Avenue. Never in decades of running businesses and working with law firms have I encountered such blatant lies and unprofessional conduct.
Do Not Hire Elliot Rosner or Offit Kurman, Attorneys At Law
Elliot J. Rosner, Principal at Offit Kurman. Photo from offitkurman.com.
In my opinion, Elliot J. Rosner is completely unprofessional. He did not return my phone calls. He did not respond to my text messages. He routinely failed to respond to emails in any reasonable timeframe. He missed deadlines he had personally committed to. And while my case sat dormant, the firm raised his billing rate from $545 to $600 per hour.
He lied to me and misrepresented the facts. He promised to file the complaint by the end of 2023 — he did not. He promised to improve his communication — he did not. He told me he was "100% committed" to my case — then he went silent for six months. When he finally resurfaced, he blamed me for the fact that nothing had happened, claiming he "hadn't pushed further" because he hadn't heard from me. This, after he had explicitly told me he disliked being followed up with, and after he had threatened me for escalating my concerns.
He threatened me for escalating to his upper management after his inaction. After I sent two escalation emails to his firm's senior partners — because he was not doing his job — Mr. Rosner told me on a phone call: "One more stunt like that and we are done. I will not be representing you." He called my escalations a "stunt."
Offit Kurman's management covered for him. I escalated my concerns three separate times over the span of a year — to the firm's founding partners, to its Managing Principal — and each time, the matter was quietly handed back to Mr. Rosner. No one at the firm ever meaningfully intervened. You can read the full account of the firm's response at offitkurmanreview.com.
The case that sat dormant for over a year under Mr. Rosner's watch was resolved to my satisfaction in a fraction of the time once I hired competent counsel. Every claim I make on this page is supported by emails, text messages, invoices, and other written records in my possession. I invite Offit Kurman and Mr. Rosner to dispute any fact stated here.
What follows is the detailed, chronological account of what happened. I have included direct quotes from emails and text messages so you can see the evidence for yourself.
What Happened: The Facts
The First Broken Promise (December 2023)
The problems began before the case was even filed. Mr. Rosner committed to filing the complaint before the end of 2023, explaining that judges tend to prioritize clearing cases filed in the prior calendar year. On December 28, I texted him asking for the status of the draft. His response:
He did not deliver it that day. On December 29, I texted again asking if we would be able to file in 2023. The complaint was not filed in 2023. It was filed around January 9, 2024, more than a week past the deadline Mr. Rosner had committed to.
First Escalation and the Pattern Emerges (January - April 2024)
By January 2024, the missed filing deadline, combined with Mr. Rosner's slow responses and the need for repeated follow-ups, prompted me to send my first formal escalation to Offit Kurman's senior leadership. The matter was handed back to Mr. Rosner to resolve.
When Visa filed counterclaims, the same pattern repeated. On April 8, I texted Mr. Rosner asking him to confirm he had met the 20-day deadline to respond. He told me the deadline had been "pushed back" to April 11 without my knowledge. His draft reply was delivered the evening before the new deadline. I had to chase him for it via both text and email:
Despite the last-minute delivery, I reviewed his work overnight, provided corrections, and approved the filing. The Reply to Counterclaims was filed on April 11, 2024.
The Case Stalls (May - August 2024)
A judge was assigned to the case on May 22, 2024. I responded to Mr. Rosner's update and told him to let me know if anything was needed from me. After that, the case went quiet. The preliminary conference was never scheduled. For months, nothing happened.
The Rate Goes Up While the Case Goes Nowhere
When I engaged Offit Kurman in late 2023, Mr. Rosner's billing rate was $545 per hour. As of my September 2024 escalation, I was still paying $545. By the time I received my final invoice in April 2025 — covering the period when Mr. Rosner's only billable activity was his blame-shifting email — the rate had risen to $600 per hour. A 10% increase, applied during the exact period when Mr. Rosner went silent for six months and did nothing on my case. In my opinion, raising your hourly rate on a client whose case you are not advancing is indefensible. The firm's terms permit these increases, which creates a perverse incentive: the longer a case drags on, the more the firm earns per hour of work. I was paying more for less.
Second Escalation and the Threat (September 2024)
On September 4, 2024, I sent a second formal escalation to Offit Kurman's founding partners, documenting Mr. Rosner's pattern of unresponsiveness dating back to late July. At the time, I noted that "$545 hourly rate is a significant investment" for my firm and that "paying this high rate without receiving the proper professional attention feels like adding insult to injury." Once again, the matter was handed back to Mr. Rosner.
What happened next was, in my opinion, deeply unprofessional. During a phone call following the second escalation, Mr. Rosner told me:
He characterized my good-faith attempts to get the firm's attention as a "stunt." He did, however, promise to improve communication, committing to respond to emails within 24 to 48 hours. Shortly after, on September 10, 2024, he wrote in an email that he was "100% committed to achieving the best possible outcome for ZELF."
Six Months of Nothing (September 2024 - March 2025)
After being threatened for escalating, I chose not to follow up. I respected Mr. Rosner's stated preference not to be chased. Six months passed. In that entire time, no preliminary conference was scheduled, no substantive case progress was made, and I received no updates whatsoever. The case sat dormant.
The Blame Shift (March 2025)
On March 17, 2025, I wrote to Mr. Rosner requesting a case update. His reply, two days later, was remarkable:
After threatening me for escalating, after telling me he disliked being followed up with, and after promising he was "100% committed," Mr. Rosner blamed me, the client, for the fact that nothing had happened in six months.
I responded the same day, pointing out the contradiction. Then I sent follow-up emails on March 26 and April 2, and a text message on April 3. Mr. Rosner did not respond to any of them.
The Bill for the Blame (April 2025)
On April 7, 2025, I sent a third escalation to the firm's senior leadership, specifically asking that the matter not be handed back to Mr. Rosner. The firm's response — or lack thereof — is documented at offitkurmanreview.com.
Then, on April 16, the firm sent me an invoice. The charge? Mr. Rosner's March 19 email — the one where he blamed me for the case stalling. Billed at his rate of $600 per hour, for 12 minutes of work. In my opinion, billing a client for an email that shifts blame onto them is emblematic of the entire experience with Mr. Rosner.
I Pulled the Case (April 2025)
By mid-April, I informed Offit Kurman that I would be engaging a new law firm. Even the transition was obstructed. Despite being notified of the change of counsel on April 25, Mr. Rosner did not provide the case file to my new attorney. My new lawyer had to ask multiple times. Ultimately, I was forced to collect and deliver the entire case file myself — a burden that should never fall on a departing client.
Under new counsel, the case progressed substantively and was resolved to my satisfaction. I am unable to discuss the specific terms due to the settlement agreement, but I can say this: what sat dormant for over a year under Mr. Rosner was handled by competent attorneys in a fraction of the time.
For my experience dealing with the firm's leadership and their response to my complaints, see offitkurmanreview.com.
They Never Told Me I Had a Right to Arbitrate the Fees
Under New York's Part 137 Fee Dispute Resolution Program, a law firm is required to send clients a written "Notice of Client's Right to Arbitrate" when the attorney-client relationship ends or a fee dispute arises. Offit Kurman never sent me this notice — not when Mr. Rosner was terminated, not when the fee dispute began, not ever.
I have searched every email from the firm. The notice was never provided. Their own Terms & Conditions (Clause 7) reference Part 137 and say the notice is "available upon request or online" — but the firm is required to proactively provide it. They did not. Their General Counsel received my email referencing Part 137 by name, responded, and still never mentioned my right to arbitrate. In my opinion, this was a firm that did not want its client to know his rights.
The Bottom Line
I paid Elliot J. Rosner $545 per hour, raised to $600 during the period he went silent. He missed his own filing deadline. Failed to schedule a preliminary conference. Let the case sit dormant for six months. Blamed me for his inaction. Threatened me for escalating. Billed me for the email where he shifted blame. Obstructed the transition when I left. Never informed me of my legal right to dispute the fees. In my opinion, he did not earn the fees I paid him.
If you are considering hiring Elliot Rosner, I would encourage you to get every commitment in writing, keep every email and text message, and establish clear expectations about responsiveness from the very beginning. If your case is not generating significant fees, in my experience, be prepared for the possibility that it may not receive the attention it deserves.
For my experience with how Offit Kurman's leadership handled my complaints, see offitkurmanreview.com.
This is one client's experience. I encourage you to do your own due diligence.
Documentation
Every fact stated on this page is supported by written evidence in my possession, including emails, text messages, invoices, and court filings. I have preserved these records in their entirety. If Offit Kurman or Mr. Rosner dispute any factual statement made here, I welcome the opportunity to present the supporting documentation.