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  • Commentary: Lawyer Advertising — A Simpler Way

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    By Lazar Emanuel [Originally published in NYPRR November 2006]   We offer our contribution to the stream of comments which have undoubtedly been directed to the Presiding Justices of the Appellate Divisions on the proposed new rules governing lawyer...

  • Indigent Defense in N.Y. — A System in Crisis: Part 1

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    By Lazar Emanuel [Originally published in NYPRR October 2006]   (This is the first of a series of articles on the condition of New York’s system for providing counsel to indigent defendants.) In February 2004, Chief Judge Judith S. Kaye appointed a...

  • Advance Conflict Waivers in New York — Part 2

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    By Roy Simon [Originally published in NYPRR October 2006]   Last month in NYPRR (Sept. 2006), in Part 1 of this article, I discussed New York judicial opinions and bar association ethics opinions regarding the validity of advance conflict waivers. To...

  • Advance Conflict Waivers in New York —Part 1

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    By Roy Simon [Originally published in NYPRR September 2006]   Suppose your law firm represents a number of health insurers and has earned a strong reputation in the health law field. Because of this strong reputation, you get a call from a major hospital...

  • Second Battle of Trenton: The ‘Super’ & the ‘Best’

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    By Lazar Emanuel [Originally published in NYPRR September 2006]   As we write, the battle lines are being drawn for the Second Battle of Trenton. (See below for “A History: The Battle of Trenton.”) On one side — the Committee on Attorney...

  • Due Diligence, Fiduciary Duties & Disqualification

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    By Roy Simon [Originally published in NYPRR August 2006]   Last November 2005, the head of litigation at a major Wall Street law firm was talking about new developments in the field of legal ethics. “What do you think of Judge Gammerman’s decision...

  • Courts Propose New Curbs on Lawyer Advertising

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    By Lazar Emanuel [Originally published in NYPRR August 2006]   The four Presiding Justices of the Appellate Division have approved for public comment extensive revisions to those provisions of the New York Code dealing with lawyer advertising and the...

  • Judges Propose Changes in Advertising Rules

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    By Lazar Emanuel [Originally published in NYPRR July 2006]   The four Presiding Justices of the Appellate Divisions have issued their proposals for extensive changes in the Disciplinary Rules governing lawyer advertising and lawyer solicitations of...

  • How to Avoid Disqualification in a Multi-Firm Beauty Contest

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    By Lazar Emanuel [Originally published in NYPRR July 2006]   In the increasingly competitive world in which law firms contend for business by submitting to beauty contests, the City Bar’s Committee on Professional and Judicial Ethics has offered a...

  • Final Conflicts Exam: There’s a Will, But Is There a Way?

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    By Roy Simon [Originally published in NYPRR July 2006]   Each year in my course on the Ethics and Economics of Law Practice, I test my students on conflicts of interest. Here is my Spring 2006 final exam question on conflicts: FACTS [1] You have a legal...