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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)
[Originally published in NYPRR December 2008] The Advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje ) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...
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Comments Off on Fixing the Date When the Client Relationship Ends
By Lazar Emanuel [Originally published in NYPRR December 2008] We all know that the statute of limitations for legal malpractice actions is three years. And now we know — at least, in the First Department — that the only way to be sure that the...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-105 (June 6, 2008)
[Originally published in NYPRR November 2008] The Advisory Committee on Judicial ethics (www.nycourts.gov/ip/acje) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...
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Comments Off on Conflicts in Arbitration Proceedings: Two Recent Federal Cases
By Roy Simon [Originally published in NYPRR November 2008] Arbitration proceedings are generally conducted out of public view, in private. Consequently, conflicts of interest and other ethics issues that arise during arbitration proceedings remain...
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Comments Off on Arbitration of Fee Disputes — Real or Only an Illusion?
By Lazar Emanuel [Originally published in NYPRR November 2008] Prior to Jan. 1, 2002, the only lawyer/client fee disputes requiring submission to arbitration were disputes in domestic relations matters. Then, on Jan. 1, 2002, Sections 136.1-136.11 of...
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Comments Off on Second Look at Secondment Advantageous to All, But Not Without Risk
By Jeremy R. Feinberg [Originally published in NYPRR November 2008] In an economic environment fraught with client cost-cut-ting and an increased willingness of clients to look to multiple law firms and lawyers for their legal needs, law firm managing...
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Comments Off on Searching for the Truth — A Function of the Judiciary?
By Lazar Emanuel [Originally published in NYPRR October 2008] Editor’s note: The search for facts is a function of the trial court judge, with or without the help of a jury. Appellate Court judges have the benefit of communication with other minds,...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-91 (June 6, 2008)
[Originally published in NYPRR October 2008] The advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje ) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...
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Comments Off on ABA’s Screening Proposals — Part II
By Roy Simon [Originally published in NYPRR October 2008] Last month’s column (NYPRR Sept. 2008) noted that at its August 2008 annual meeting, the ABA House of Delegates was scheduled to debate proposals to permit screening to remedy imputed...
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Comments Off on Represent Multiple Clients? Not So Fast
By Aaron J. Schechter [Originally published in NYPRR September 2008] Attorneys representing multiple clients in one matter can find themselves in trouble if they fail to assess the risks of multiple-client representation before sharing their...
