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Comments Off on Nassau Bar Rejects Lawyer Role in Arbitration Firm
By Lazar Emanuel [Originally published in NYPRR May 2004] A lawyer planned to establish and invest in a business whose purpose was consultation with, and representation of, investors in securities-related arbitration proceedings. The other participants...
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Comments Off on Lawyer Faces Sanctions for Assertions in Brief
By Lazar Emanuel [Originally published in NYPRR May 2004] Lawyers who insert intemperate or incendiary language about the opposing client in the briefs they submit to the Appellate Division, Second Department, can expect to be hauled before the court...
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Comments Off on Courts Consider Third-Party Malpractice Claims
By Lazar Emanuel [Originally published in NYPRR May 2004] A number of courts have considered the circumstances under which a lawyer may be liable to non-client third parties for malpractice. In New York, the court upheld a claim against the firm of...
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Comments Off on Changing Fee Agreement in Midstream
By Roy Simon [Originally published in NYPRR May 2004] Suppose your firm begins representing the corporate plaintiff in a commercial dispute on an hourly rate basis. When your firm accepted the matter, you and the client thought the dispute could be...
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Comments Off on Adverse Testimony By Defense Counsel Constitutes Ineffective Assistance
By Lazar Emanuel [Originally published in NYPRR May 2004] In People v. Lewis [NYLJ, 4/7/2004, p. 18], the Court of Appeals restated its position with respect to testimony by defense counsel in a criminal matter: Testimony by defense counsel on any...
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Comments Off on Who Is Law Firm ‘Partner’ in Suit for Discrimination?
By Roy Simon [Originally published in NYPRR April 2004] Most associates at a law firm want to make partner. But when it comes to employment discrimination lawsuits against large law firms (including suits for sexual harassment or a hostile...
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Comments Off on Lawyers Must Accommodate ADA Disabilities
By Lazar Emanuel [Originally published in NYPRR April 2004] Did you know that your law office is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12181? Or that you are required to accommodate...
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Comments Off on Beware When Client Claims Breach of Fiduciary Duty
By Mary C. Daly [Originally published in NYPRR April 2004] In response to a local bar association’s initiative, you have agreed to mentor Junior Lawyer. After a few years as associate in a large metropolitan law firm, Junior has moved into the...
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Comments Off on Uncertain Legacy of “Wieder v. Skala”
By Ronald C. Minkoff [Originally published in NYPRR March 2004] Twelve years ago, when the Court of Appeals decided Wieder v. Skala [80 N.Y.2d 628, 593 N.Y.S.2d 752 (1992)], it seemed like the dawn of a new age. Combining contract and legal ethics...
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Comments Off on Town Attorney May Not Act As Defense Counsel
By Lazar Emanuel [Originally published in NYPRR March 2004] The case involved defense counsel for two defendants in separate proceedings in village court. The village is located entirely within the limits of the town represented by defense counsel as...
