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Comments Off on Lawyer Need Not Disclose Insurance in Settlement Talks
By Lazar Emanuel [Originally published in NYPRR December 2003] In Opinion 731 (9/01/03), the Committee on Professional Ethics of the New York County Lawyers’ Association considered whether an inquiring lawyer in settlement negotiations has a duty to...
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Comments Off on Improper Fee-Share Agreement Converted into Contingent Fee
By Lazar Emanuel [Originally published in NYPRR December 2003] In a case involving a fee sharing agreement between present and former counsel which violated DR 2-107 (Division of Fees Among Lawyers), Nassau County Supreme Court Judge Thomas P. Phelan...
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Comments Off on Firm’s Opinion Letter Supports Third-Party Malpractice Complaint
By Lazar Emanuel [Originally published in NYPRR December 2003] In Reich Family LP v. McDermott, Will and Emery [NYLJ 10/29/2003), New York County Supreme Court Justice Sheila Abdus-Salaam considered the circumstances under which a law firm may be...
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Comments Off on Clients Need Not Pay Expenses in Federal Class Actions
By Lazar Emanuel [Originally published in NYPRR December 2003] New York’s DR 5-103(B) provides as follows: A lawyer may advance or guarantee the expenses of litigation, including court costs, expenses of investigation, expenses of medical...
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Comments Off on Opinion 2003-2: City Bar Lists Data to Keep to Avoid Client Conflicts — Part 2
By Lazar Emanuel [Originally published in NYPRR December 2003] [Editor’s note. This is the second of two articles summarizing Formal Opinion 2003-2 of the Association of the Bar of the City of New York dealing with DR 5-105(E), the Rule requiring law...
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Comments Off on SEC & Limited Waiver of Attorney-Client Privilege — Part 1
By Roy Simon [Originally published in NYPRR November 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...
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Comments Off on Lawyers Work Better Using Their Natural Abilities
By Lazar Emanuel [Originally published in NYPRR November 2003] Several articles I’ve read lately have commented on the need of individual lawyers for the guidance of a coach. One article was by Steven C. Bennett, a partner in the New York office of...
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Comments Off on Exceeding Ethical Limits in Conducting Litigation
By Mary C. Daly [Originally published in NYPRR November 2003] When does a lawyer’s trial conduct exceed ethical limits? Is it unethical to raise your voice to the judge or to opposing counsel? Must you disclose adverse authority if it is certain to...
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Comments Off on Opinion 2003-2: City Bar Defines Rules for Checking Client Conflicts — Part 1
By Lazar Emanuel [Originally published in NYPRR November 2003] [Editor’s note. This is the first of two articles summarizing Formal Opinion 2003-2 of the Association of the Bar of the City of New York. The second article (see NYPRR Dec. 2003) will...
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Comments Off on When Uninvited Disclosures Become Confidences
By Lazar Emanuel [Originally published in NYPRR October 2003] Every lawyer knows the feelings of discomfiture that arise on those occasions when an individual who is not a present client insists on asking for advice, or on disclosing facts which would...
