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‘Partnership’ Accounting Denied to P.C. Member

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By Lazar Emanuel [Originally published in NYPRR December 2002] A lawyer who joins and participates as a member of a law firm organized as a professional corporation may not obtain a “partnership” accounting from the other lawyers in the firm....
Non-Refundable Fees: Pitfalls & Safe Harbors

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By Sarah Diane McShea [Originally published in NYPRR December 2002] Eight years ago, the New York Court of Appeals affirmed a two-year suspension imposed on a lawyer who charged minimum, non-refundable fees to three clients, and then refused to refund...
Joint Responsibility Under DR 2-107(A)

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By Roy Simon [Originally published in NYPRR December 2002] What is the meaning of the phrase “joint responsibility” in DR 2-107(A) of the New York Code of Professional Responsibility, the Rule which controls the division of fees among attorneys in...
Court Rejects Motion to Void Specialization Disclaimer Rule

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By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, attorney J. Michael Hayes (Buffalo, NY) was certified in “Civil Trial Advocacy” by the National Board of Trial Advocacy, an organization accredited by the American Bar...
Avoiding Rule 11 Sanctions By Withdrawing Complaint

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By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, Congress enacted the Private Securities Litigation Reform Act, 15 USCS §78u-4, dealing with private securities litigation. The Act was designed to discourage frivolous complaints...
Arizona Rejects Internet Referral Service

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By Lazar Emanuel [Originally published in NYPRR December 2002] A web service describes itself as an intermediary between lawyers and people who need legal services. The service solicits the response of the general public. Consumers complete a...
ABA Issues Opinion on Will Drafting

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[Originally published in NYPRR December 2002] May a lawyer draft a will for a testator to whom he is recommended by a potential beneficiary who is the lawyer’s current client? The lawyer has not previously met the testator, a widower whose nearest...
Time-Barred Counterclaim in Lawyer’s Suit for Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Jay Landa represented clients Margaret and Patrick Mullen in a Family Court proceeding in 1997 and 1998. A dispute developed concerning Landa’s fees. Landa complied with the...
Taking Security Interest to Secure Payment of Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The...
Specialization Announcement Requires Disclaimer Notice

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By Lazar Emanuel [Originally published in NYPRR November 2002] The NYSBA Committee on Professional Ethics has construed the disciplinary rules which apply when a lawyer who has been certified in a particular field of law wishes to announce her...