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Comments Off on Commentary: Lawyer Advertising — A Simpler Way
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...
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Comments Off on Indigent Defense in N.Y. — A System in Crisis: Part 1
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...
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Comments Off on Advance Conflict Waivers in New York — Part 2
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...
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Comments Off on Advance Conflict Waivers in New York —Part 1
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...
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Comments Off on Second Battle of Trenton: The ‘Super’ & the ‘Best’
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...
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Comments Off on Due Diligence, Fiduciary Duties & Disqualification
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...
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Comments Off on Courts Propose New Curbs on Lawyer Advertising
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...
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Comments Off on Judges Propose Changes in Advertising Rules
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...
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Comments Off on How to Avoid Disqualification in a Multi-Firm Beauty Contest
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...
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Comments Off on Final Conflicts Exam: There’s a Will, But Is There a Way?
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...