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Comments Off on Reporting Your Adversary’s Misconduct During Litigation
By Roy Simon [Originally published in NYPRR September 2005] A question that often arises is whether a lawyer is obligated to report an opposing lawyer who engages in misconduct during litigation. As with many questions that seem simple at first blush,...
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Comments Off on NYCLA Issues Opinion on Disclosure of Malpractice Coverage
By Lazar Emanuel [Originally published in NYPRR September 2005] The Committee on Professional Ethics of the New York County Lawyers Association has issued Formal Opinion No. 734 dealing with the general issue of a lawyer’s obligation to disclose...
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Comments Off on New Jersey Follows New York on Choice of Domain Names
By Lazar Emanuel [Originally published in NYPRR September 2005] The New Jersey Committee on Attorney Advertising has agreed with New York City Ethics Opinion 2003-1 that a law firm may use a domain name for its website that does not include or embody...
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Comments Off on Second Department Adopts New Disciplinary Procedures
By Lazar Emanuel [Originally published in NYPRR September 2005] Following many of the recommendations of the Krausman Committee (NYPRR, Nov. 2004), the Appellate Division, Second Department has adopted a number of “significant procedural and...
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Comments Off on Ineffective Assistance of Counsel — Failure to Review Prior Conviction File
By Lazar Emanuel [Originally published in NYPRR August 2005] The months of May and June 2005 saw a number of state and federal cases dealing with ineffective assistance of counsel in criminal cases. The flow of cases culminated with Rompilla v. Beard,...
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Comments Off on Screens & Conflicts in Second Circuit
By Roy Simon [Originally published in NYPRR August 2005] Last month’s column (NYPRR July 2005) focused on a new Second Circuit case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005) (Leval, J.),...
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Comments Off on Lawyer Suspended for Releasing Escrow Funds
By Lazar Emanuel [Originally published in NYPRR August 2005] The Second Department suspended a lawyer in the Ninth Judicial District for conduct related to an escrow deposit under a real estate contract. [Matter of John A. Tartaglia, NYLJ, July 5,...
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Comments Off on Paying Litigation Expenses for Litigation Service Providers
By Lazar Emanuel [Originally published in NYPRR July 2005] Every lawyer knows the basic rule, embodied in DR 5-103, that the expenses of litigation must be paid by the client. DR 5-103(B)(1) permits a lawyer to advance or guarantee the expenses,...
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Comments Off on ‘Of Counsel’ Lawyers & Conflicts of Interest
By Roy Simon [Originally published in NYPRR July 2005] The Second Circuit decided a case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005), that turns conventional wisdom upside down. If this...
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Comments Off on Lawyer May Not Talk to Insurance Adjuster
By Lazar Emanuel [Originally published in NYPRR July 2005] In Formal Opinion 2005-04 (April 2005), the Association of the Bar of the City of New York considered whether a plaintiff’s lawyer may properly communicate with a non-lawyer claims adjuster...
