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Comments Off on Lawyer Starting Debt Action Is Debt Collector Under FDCPA
By Lazar Emanuel [Originally published in NYPRR June 2006] In a matter of first impression in the Second Circuit, the Court of Appeals has found that the commencement of a suit to recover unpaid rent represents an “initial communication” within the...
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Comments Off on Civility & Professional Ethics — Part 1 & 2
By Judge John L. Kane Jr. [Originally published in NYPRR June & July 2006] [Editor’s Note: John L. Kane Jr. is a Judge of the U. S. District Court for the District of Colorado. He was nominated for the Court by President Jimmy Carter. The...
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Comments Off on Associate At-Will Exception Extended to DR 1-102
By Lazar Emanuel [Originally published in NYPRR June 2006] In the recent case of Connolly v. Napoli, Kaiser & Bern, Sup. Ct. NY Cty., No. 105224/05 (4/4/06), Justice Ronald T. Acosta extended the right of an at-will law firm associate to sue in...
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Comments Off on Accepting Legal Fees from Client’s Employer
By Roy Simon [Originally published in NYPRR June 2006] If a company under investigation retains you to represent an employee who is asked to cooperate in an internal investigation, what should you disclose to the employee regarding the scope of your...
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Comments Off on Legal Malpractice & Breach of Fiduciary Duty — Part II
By Roy Simon [Originally published in NYPRR May 2006] Last month’s article (NYPRR April 2006) asked whether courts should permit clients to pursue parallel claims for both legal malpractice and breach of fiduciary duty if the breach of fiduciary duty...
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Comments Off on ABCNY Opinion Defines Conditions for Advance Waivers
By Lazar Emanuel [Originally published in NYPRR May 2006] Two fairly recent but accelerating developments in the practice of law have prompted the ethics committee of the City Bar to review the conditions under which a law firm may “ethically request...
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Comments Off on ABA Opinion 06-438: Aggregate Settlements Require Detailed Disclosures
By Lazar Emanuel [Originally published in NYPRR May 2006] As the recommendation of COSAC that New York adopt the format of the ABA Model Rules moves closer to reality (the recommendation was endorsed by the NYSBA House of Delegates on April 1, 2006),...
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Comments Off on Prisoner’s Notes Protected By Attorney-Client Privilege
By Lazar Emanuel [Originally published in NYPRR April 2006] In a per curiam decision, the U.S. Court of Appeals for the Second Circuit has confirmed the right of a prison inmate to assert the attorney-client privilege with respect to entries in a...
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Comments Off on Celebrity Client Testimonials — NYSBA Opinion 792/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 792 — 2/14/2006 In Opinion 792, the Committee asked three questions concerning the use by a lawyer of a radio or TV testimonial by a celebrity client. Presumably, a celebrity client is...
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Comments Off on Participation in Business Networks — NYSBA Opinion 791/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 791 — 2/1/2006 The Committee was asked to reconsider its opinion 741(5/25/01), dealing with a lawyer’s participation in a business network which requires reciprocal referrals and which...
