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Comments Off on Ethical Issues in E-Discovery
By Ronald C. Minkoff [Originally published in NYPRR April 2009] The growth of e-discovery has created a host of ethical problems for litigators, already over-burdened with examining and producing tens (or hundreds) of thousands of electronic documents....
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Comments Off on Personal Reassessment in a Hardscrabble Time
By Lazar Emanuel [Originally published in NYPRR April 2009] Hundreds of lawyers are suffering the anguish and trauma of job loss or lay-off. If you’re among them, you are justifiably angry and frustrated. Caught in a swirl of events you did not cause...
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Comments Off on From Advisory Committee on Judicial Ethics: Amended Opinion 07-216 (Dec. 4, 2008)
[Originally published in NYPRR March 2009] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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Comments Off on Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part II)
By Roy Simon [Originally published in NYPRR March 2009] The New York Code of Professional Responsibility will be replaced on April 1, 2009 by the New York Rules of Professional Conduct. The Tables below compare the new Rules with the outgoing Code. If...
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Comments Off on Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part I)
By Roy Simon [Originally published in NYPRR February 2009] On Dec. 16, 2008, the Administrative Board of the New York Courts announced that on April 1, 2009 New York would replace all of the existing Disciplinary Rules and Definitions in the New York...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-213 (Dec. 4, 2008)
[Originally published in NYPRR February 2009] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg,...
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Comments Off on Chief Judge Kaye Leaves a Rich Professional Responsibility Legacy
By Jeremy R. Feinberg [Originally published in NYPRR January 2009] By the time you read this article, Chief Judge Kaye will have retired from the Court of Appeals, ending a long and successful career as a judge. Trying to summarize all the ways she has...
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Comments Off on In-House Ethics Consultations and the Attorney-Client Privilege: Case Law
By Roy Simon [Originally published in NYPRR January 2009] Virtually every large law firm has an in-house ethics advisor or General Counsel, a lawyer in the firm who is well versed in the rules of ethics as well as the various state and federal statutes...
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Comments Off on Who May Use the Title ‘Partner’?
By Roy Simon [Originally published in NYPRR December 2008] New York’s Ethical Consideration 2-12 (as renumbered in November 2007) states: “In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be...
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Comments Off on NYSBA Opinion 827, 11/03/2008
[Originally published in NYPRR December 2008] NYSBA Opinion 827, 11/03/2008 FACTS: A law firm regularly defends a client in personal injury defense. The client self-insures. The client has hired an outside auditor to monitor its legal expenses. The...
