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Comments Off on Consultation with In-House Ethics Counsel Does Not Create Conflict with Client
By Lazar Emanuel [Originally published in NYPRR January 2006] When a law firm is confronted with a legal or ethical issue involving its representation of a client, it has two viable alternatives: it can either turn to a lawyer or a committee of lawyers...
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Comments Off on Confidential Disciplinary Proceedings & First Amendment — Part 2
By Roy Simon [Originally published in NYPRR January 2006] Last month (NYPRR Dec. 2005), I discussed New York Judiciary Law §90(10), which mandates (with narrow exceptions) that all disciplinary proceedings against lawyers remain confidential (i.e.,...
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Comments Off on NYSBA Sponsors Radio Ad on Lawyer Advertising
By Lazar Emanuel [Originally published in NYPRR December 2005] The NYSBA has unveiled a new radio campaign addressing three important law-related issues: the misconception that more lawsuits are being filed than ever before; the importance of our...
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Comments Off on COSAC Recommends Adoption of ABA Model Rules Format
By Lazar Emanuel [Originally published in NYPRR December 2005] [Author’s note: All the quotations in this article were taken from the Introduction to the COSAC report. Future issues of NYPRR will contain articles about the specific recommendations of...
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Comments Off on Confidential Disciplinary Proceedings & First Amendment — Part 1
By Roy Simon [Originally published in NYPRR December 2005] Disciplinary charges in more than three dozen states become public at some point before discipline is imposed, but in New York, except in the rare case where an accused attorney waives...
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Comments Off on Threatening to File Grievance Against Opposing Counsel
By Roy Simon [Originally published in NYPRR November 2005] May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...
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Comments Off on Extending Government’s Attorney-Client Privilege
By Ronald C. Minkoff [Originally published in NYPRR November 2005] No one disputes that officials at government agencies may invoke the attorney-client privilege in response to subpoenas by private parties to avoid disclosing communications they have...
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Comments Off on City Bar Issues Opinion on ‘Thrust Upon’ Conflicts
By Lazar Emanuel [Originally published in NYPRR October 2005] Most conflicts of interest can be resolved or avoided by a lawyer before problems occur if the lawyer recognizes and analyzes a potential conflict between a prospective client and a current...
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Comments Off on Chief Justice Rehnquist & Attorney-Client Privilege
By Roy Simon [Originally published in NYPRR October 2005] During Chief Justice Rehnquist’s 33 years on the U.S. Supreme Court (1972–2005), the Supreme Court decided at least two dozen important cases regarding the regulation of lawyers. (I am...
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Comments Off on ABA Committee Reports on Pro Bono Services
By Lazar Emanuel [Originally published in NYPRR October 2005] In a major study conducted over a one-year period among 1,100 lawyers nationwide, the ABA’s Standing Committee on Pro Bono and Public Service has studied and reported on the amount of pro...
