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Comments Off on Should New York Adopt ABA Model Rules?
By Roy Simon [Originally published in NYPRR March 2004] For the last year, the New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been reviewing and revising the New York Code of Professional Responsibility. The...
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Comments Off on Attorney May Assign His Interest in Contingency Fee
By Lazar Emanuel [Originally published in NYPRR March 2004] Attorneys Cousins and Rosenberg entered into a retainer agreement with the wife of decedent in an action for medical malpractice and wrongful death against various doctors and North Shore...
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Comments Off on State Bar Committee Proposes Four New Ethics Rules
By Lazar Emanuel [Originally published in NYPRR February 2004] The New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been engaged in a comprehensive review of the New York Code of Professional Responsibility...
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Comments Off on Court Disqualifies Firm for Former-Client Conflict
By Mary C. Daly [Originally published in NYPRR February 2004] The year 2004 starts off auspiciously for your law firm. Two existing clients and one new one express a strong interest in engaging the firm in separate new matters. While each of the new...
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Comments Off on Three Decisions of Interest
By Lazar Emanuel [Originally published in NYPRR February 2004] Business Corp. Law §1505(a) Applies to Lawyer in P.C. The law firm of Jeffrey S. Dweck is organized as a P.C. Jeffrey S. Dweck is a shareholder in the P.C. The law firm agreed to act as...
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Comments Off on 2003 Review: Three Important NYSBA Ethics Opinions
By Roy Simon [Originally published in NYPRR February 2004] Now that the books are closed on 2003, we can step back and consider which ethics opinions are likely to have the greatest impact on the practice of law in New York in the coming years. In this...
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Comments Off on Threatening Criminal Charges to Obtain Civil Advantage
By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third...
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Comments Off on Per Diem Lawyers Subject to Sanctions for Missing Court Appearances
By Sarah Diane McShea [Originally published in NYPRR January 2004] A lawyer who fails to appear for a scheduled court appearance faces civil sanctions if the lawyer’s failure to appear is without “good cause.” [22 NYCRR §130-2.1.] Nearly a...
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Comments Off on Anticipating and Responding to Client Perjury
By Roy Simon [Originally published in NYPRR January 2004] What should you do if your criminal defense client intends to commit perjury, or — worse — has already committed perjury? The New York Code of Professional Responsibility is ambiguous...
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Comments Off on SEC & Limited Waiver of Attorney-Client Privilege — Part 2
By Roy Simon [Originally published in NYPRR December 2003] May one of your corporate clients give government investigators the results of your law firm’s privileged internal investigations into the client’s possible violations of the federal...
