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Comments Off on Litigation Over Lawyer Ratings Continues in N.Y. & N.J.
By Lazar Emanuel [Originally published in NYPRR November 2007] Still unresolved in both New York and New Jersey is the issue of lawyer ratings by such organizations as Martin-Dale-Hubbell, Super Lawyers, and Best Lawyers. Several new rating services...
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Comments Off on Last Word on High-Low Agreements
By Lazar Emanuel [Originally published in NYPRR November 2007] Since the decision of the Court of Appeals on June 27, 2007, in Matter of Eighth Judicial District Asbestos Litigation (Asbestos), dealing with high-low agreements, an unusual number of...
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Comments Off on Corporate Family Conflicts: City Bar Speaks
By Roy Simon [Originally published in NYPRR November 2007] In a recent opinion, N.Y. City 2007-3, the New York City Bar’s Committee on Professional and Judicial Ethics asked a very simple question: “May a law firm accept a representation that is...
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Comments Off on Recent Ethics Opinions on Unauthorized Practice of Law
By Roy Simon [Originally published in NYPRR October 2007] In my experience, most law firms seldom worry about issues relating to the unauthorized practice of law. Once in a blue moon, a “lawyer” at a firm turns out not to be admitted to the bar (as...
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Comments Off on N.Y. Associate May Manage N.Y. Office for N.J. Partner
By Lazar Emanuel [Originally published in NYPRR October 2007] In Ethics Opinion 814, issued May 15, 2007, the NYSBA considered the following facts: A law firm with an office in New Jersey supervised by a partner of the firm wishes to open an office in...
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Comments Off on Judicial Ethics in New York State — Part 2
By Jeremy R. Feinberg [Originally published in NYPRR October 2007] In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of...
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Comments Off on Permissible Silence or Impermissible Deceit
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR September 2007] In a recent murder case in Nassau County, the prosecution withheld from the defense the fact that it had an eyewitness to the murder, after it had apparently encouraged...
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Comments Off on Judicial Ethics in New York State — Part 1
By Jeremy R. Feinberg [Originally published in NYPRR September 2007] Regular readers of NYPRR are well aware of the New York Code of Professional Responsibility, which governs attorneys’ professional conduct, and of the risk of discipline for...
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Comments Off on Advance Consent to Withdrawal for Nonpayment
By Roy Simon [Originally published in NYPRR September 2007] May your firm’s retainer agreement include a provision securing a client’s advance consent to a conflict of interest that may develop during the representation? Usually “yes,”...
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Comments Off on Ethical Lawyering in ‘Wireless Handheld’ Age
By Jeremy R. Feinberg [Originally published in NYPRR August 2007] Admit it. You have one, and you love using it. Wireless handheld devices, from the Blackberry to the Treo, have become an everyday part of an urban professional’s life. For many...
