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Recent N.Y. Ethics Opinions: March 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued in November and December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new...
How to Lose Your Legal Fee, Part 1: Excessive Fees

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By Ronald C. Minkoff For the most part, lawyers in New York are free to set their own fees. Except for particular areas where specific court or ethics rules govern—most notably, personal injury and medical malpractice—lawyers have wide latitude in setting...
Playing Nicely with Others: Cross-Border Fee Sharing with Firms That Play by Different Rules

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By Nicole I. Hyland and Tyler Maulsby As multijurisdictional practice continues to expand, lawyers in different states regularly work together on a litigation or transaction. For example, a New York lawyer handling a complex securities lawsuit may find it...
Recent N.Y. Ethics Opinions: February 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued October and December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on Professional...
Miracle on Eagle Street: New York’s Temporary Practice Rule

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By Ronald C. Minkoff To many in the New York professional responsibility community, it seemed like a Christmas miracle. For more than 15 years, the New York State Bar Association and legal ethics experts have implored the Office of Court Administration, the...
Does N.Y. Judiciary Law §487 Apply to Arbitrations?

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By Ronald C. Minkoff and Tyler Maulsby An attorney violates Section 487 of the N.Y. Judiciary Law (Section 487) when she or he “is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or any party…”...
Recent N.Y. Ethics Opinions: January 2016

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued July and August 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics...
New York’s Catch-All Rule: Is It Needed? Part 2

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By Hal R. Lieberman and Harvey Prager Last month we began our exploration of NYRPC 8.4(h), which prohibits a lawyer from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.” We discussed the origins of this...
Dividing a Fee with a Per Diem Lawyer

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By Richard M. Maltz There is no ethical duty for a law firm to disclose to a client the difference between an associate’s billing rate and the hourly cost of the associate to the firm. In contrast, a law firm (“Hiring Firm”) that utilizes a per diem...
Recent N.Y. Ethics Opinions: November 2015

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By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued June, July, and September 2015. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on...