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Comments Off on Shoals to Avoid When Paying Potential Witnesses
By Mary C. Daly [Originally published in NYPRR July 2003] The Beatles sang, “I get by with a little help from my friends.” But the Beatles weren’t lawyers. Some forms of help are ethically perilous for lawyers, especially if they involve paying...
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Comments Off on Malpractice Insurer Avoids Liability on Lawyer’s Policy
By Lazar Emanuel [Originally published in NYPRR July 2003] In Chicago Insurance v. Kreitzer & Vogelman, [NYLJ, 6/12/2003], Southern District Senior Judge Robert W. Sweet upheld the right of a legal malpractice insurer to rescind a policy for...
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Comments Off on Attorney-Client Privilege & Public Relations Firms
By Roy Simon [Originally published in NYPRR July 2003] When a corporation (or individual) learns that it is being investigated by the government, its first call is likely to be to a lawyer — and the lawyer’s first call may well be to a public...
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Comments Off on Senate Committee Would Felonize Hiring of Runners
By Lazar Emanuel [Originally published in NYPRR June 2003] Lawyers are forbidden both by the Judiciary Law and the Code of Professional Responsibility from employing anyone to solicit legal business or any agreement for the performance of legal...
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Comments Off on Lawyer Liability to Non-Clients for Negligence in Transactions
By Roy Simon [Originally published in NYPRR June 2003] When is a lawyer or law firm liable to a non-client for the lawyer’s negligence in a transaction? This article reviews cases relevant to answering that question in New York, and looks briefly at...
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Comments Off on Court Permits Firm to Oppose Current Client
By Lazar Emanuel [Originally published in NYPRR June 2003] In a case with a somewhat unusual factual background, U.S. District Court Judge Lewis A. Kaplan has denied a motion to disqualify a law firm which participated in an action against a current...
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Comments Off on Court to Law Firm: No Letter of Engagement, No Fee
By Lazar Emanuel [Originally published in NYPRR June 2003] Describing his decision as the first he could find construing the new provisions of 22 NYCRR 1215.1 and 1215.2, Judge Pardes of the Nassau County District Court has denied a claim for legal...
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Comments Off on Cases of Interest: Lawyers on the Firing Line
By Sarah D. McShea [Originally published in NYPRR June 2003] Lawyers practicing in the ethics and professional liability fields know that courts are increasingly likely to hold lawyers and law firms accountable to their clients, third parties and...
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Comments Off on When Prospective Clients Raise Conflicts of Interest
By Roy Simon [Originally published in NYPRR May 2003] When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you...
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Comments Off on Unbundling of Services & Practice of Law
By Lazar Emanuel [Originally published in NYPRR May 2003] Two trends in the practice of law are gathering speed simultaneously but independently. Eventually, they will affect each other in ways that no one can now anticipate. The first trend, born of...
