Author archives: admin

About Author:

Website: http://www.newyorklegalethics.com/

Lawyer’s Business Offers Non-Legal Services to Client

NYPRR Archive • admin • Comments Off on Lawyer’s Business Offers Non-Legal Services to Client

By Lazar Emanuel [Originally published in NYPRR March 2005] In N.Y. State Opinion 784, 1/12/05, the NYSBA Committee on Professional Ethics considered the question: Under what circumstances may a lawyer in an entertainment law firm offer legal services...
Issues That Remain When a Partner Withdraws

NYPRR Archive • admin • Comments Off on Issues That Remain When a Partner Withdraws

By Lazar Emanuel [Originally published in NYPRR March 2005] Although many of the facts in the recent case of Conolly v. Thuillez (NYLJ 1/14/05, p. 20) are sui generis, most of the issues decided by Judge Louis C. Benza (Sup. Ct., 3rd Dept.) will be of...
Final Exam on Conflicts: Short Question, Long Answer

NYPRR Archive • admin • Comments Off on Final Exam on Conflicts: Short Question, Long Answer

By Roy Simon [Originally published in NYPRR March 2005] I recently finished grading 150 final exam papers in my course on the Ethics & Economics of Law Practice, a basic survey course on legal ethics. I gave a very short and simple conflicts...
Litigating Claims of Attorney-Client Privilege

NYPRR Archive • admin • Comments Off on Litigating Claims of Attorney-Client Privilege

By Roy Simon [Originally published in NYPRR February 2005] This is a tale of two cities — and an epic battle over a single explosive document. In Miron v. BDO Seidman, LLP, 2004 U.S. Dist. LEXIS 22101(E.D. Pa. Oct. 19, 2004) (not available on...
Four 2004 N.Y.S. Ethics Opinions

NYPRR Archive • admin • Comments Off on Four 2004 N.Y.S. Ethics Opinions

[Originally published in NYPRR February 2005] Lawyers May Retain Copies of Client’s File Opinion 780 (Dec. 8, 2004) In Opinion 780, issued Dec. 8, 2004, the NYSBA Committee on Professional Ethics considered two questions: (1) May a lawyer retain...
Prospective Client Conflicts — Can Puzzle Be Solved?

NYPRR Archive • admin • Comments Off on Prospective Client Conflicts — Can Puzzle Be Solved?

By Roy Simon [Originally published in NYPRR January 2005] Should New York adopt a Disciplinary Rule to govern conflicts with prospective clients? If so, what should the rule say? These turn out to be surprisingly complicated questions. This article...
Allocation of Authority Between Lawyer & Client in Criminal Trial

NYPRR Archive • admin • Comments Off on Allocation of Authority Between Lawyer & Client in Criminal Trial

By Brad Rudin & Lazar Emanuel [Originally published in NYPRR January 2005] In a recent decision, the Court of Appeals failed to consider its own precedents on the allocation of decision-making between client and lawyer and rejected a claim of...
When Prison Inmate Threatens Suicide

Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • admin • Comments Off on When Prison Inmate Threatens Suicide

By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004] Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide....
NYSBA Ethics Committee Opinions 778, 779/2004

NYPRR Archive • admin • Comments Off on NYSBA Ethics Committee Opinions 778, 779/2004

By Lazar Emanuel [Originally published in NYPRR December 2004] Opinion 779 (11/05/04): Purchasing Leads from a National Marketing Firm The NYSBA Committee on Professional Ethics considered the relationship between a lawyer and a national marketing...
Can You Appeal Adverse Privilege Rulings in Discovery?

NYPRR Archive • admin • Comments Off on Can You Appeal Adverse Privilege Rulings in Discovery?

By Roy Simon [Originally published in NYPRR December 2004] Preserving the attorney client privilege and work product protection is one of the most important tasks you must perform during discovery. Preserving privileges is not just strategically wise;...