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Comments Off on Undeniably Important — Pro Bono Work Made Easier By Recent Ethics Developments
By Jeremy R. Feinberg [Originally published in NYPRR September 2008] The words “pro bono publico,” a Latin phrase meaning “for the public good,” is one expression that all attorneys and many clients know. In the practice of law, the public good...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-91 (June 6, 2008)
[Originally published in NYPRR September 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 Screening Proposals — Part I
By Roy Simon [Originally published in NYPRR September 2008] As campaign season gets into full swing after Labor Day, do you wonder whether your vote — or any single vote — can make a difference? At the ABA House of Delegates last month, one vote...
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Comments Off on Wrong Plaintiff? Wrong Defendant? Beware a Motion for Sanctions
By Lazar Emanuel [Originally published in NYPRR August 2008] Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has “standing” to sue this defendant. In an action to recover...
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Comments Off on Who Controls Disbarred Lawyer’s Trust Account? — Proposed Amendments to DR 9-102(G)
By Roy Simon [Originally published in NYPRR August 2008] This column is about a Disciplinary Rule that you and your law firm have probably never encountered but that profoundly affects the public image of the legal profession. It is about DR 9-102(G),...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 07-158 (Oct. 18, 2007)
[Originally published in NYPRR August 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 From Advisory Committee on Judicial Ethics: Opinion 08-71 (April 24, 2008)
[Originally published in NYPRR July 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 quasi-judicial...
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Comments Off on Ethics Research Made Easy, or, at Least, Easier
By Jeremy R. Feinberg [Originally published in NYPRR July 2008] For all of the scholarly and practical literature written about ethics issues, there is relatively little guidance on how best to research questions of ethics and professional...
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Comments Off on Are Communications with Public Officials Barred by DR 7-104?
By Roy Simon [Originally published in NYPRR July 2008] Over the years, NYPRR has carried many columns about the no-contact rule, codified as DR 7-104 in New York (and as Rule 4.2 in jurisdictions that have adopted the ABA model rules). Articles by me...
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Comments Off on Restoring Civility to Depositions in an ‘Anything Goes’ World
By Jeremy R. Feinberg [Originally published in NYPRR June 2008] As a young lawyer in private practice, I sought and received advice from as many more seasoned lawyers at my firm as I could find. Of all the advice offered, one nugget that has stayed...