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Comments Off on New York’s Catch-All Rule: Is It Needed? Part 1
By Hal R. Lieberman and Harvey Prager New York is one of only five states where the Rules of Professional Conduct prohibit a lawyer, without more, from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer” — the...
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Comments Off on #Ethics: Confronting Risks of Social Media Use
By Danielle J. McCall & Saul Wilensky Once dismissed as just another passing trend or juvenile craze, social media is now a fixture in every aspect of modern life. The ABA’s 2014 Legal Technology Survey of more than 850 American attorneys suggests that...
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Comments Off on Recent N.Y. Ethics Opinions: October 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued during June 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions...
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Comments Off on Access to Justice and a New Definition of Professionalism
By Ronald C. Minkoff On July 22, 2015, Chief Judge Jonathan Lippman made permanent a task force he created in 2010 to examine the unmet needs of low-income New Yorkers. According to the New York Law Journal, Chief Judge Lippman said this move “makes...
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Comments Off on Interdependent Settlements: Ethics of Simultaneously Settling Separate Actions in N.Y. Mass Tort Actions
By David G. Keyko and Joshua I. Schlenger Attorneys in mass tort litigations are no doubt familiar with the following scenario: Multiple plaintiffs, all of whom are represented by the same law firm, file separate complaints against the same defendants based...
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Comments Off on Recent N.Y. Ethics Opinions: September 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued March through June 2015. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on Professional...
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Comments Off on Virtually Unclear: Will Legal Tech Companies Bridge Justice Gap or Fall into UPL Abyss?
By Nicole I. Hyland and Tyler Maulsby In 1965, Norman F. Dacey published a book, How to Avoid Probate, which sold 600,000 copies in two years. New York Cty. Lawyers’ Assn. v. Dacey, 54 Misc.2d 564 (N.Y. Sup. Ct. 1967) affd. in part, modified in part, 28...
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Comments Off on Understanding & Securing the LLP Shield in New York (Part 2)
By Susan Fortney As Part 1 of this article suggested (see NYLER June 2015), many lawyers jumped on the limited liability partnership (LLP) bandwagon without fully appreciating the reach of the statute that enabled lawyers to practice in LLPs and the...
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Comments Off on Recent N.Y. Ethics Opinions: July/August 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of four ethics opinions issued in March and May 2015. The first three were issued by the NYSBA Committee on Professional Ethics, and the fourth by the NYC Bar Association...
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Comments Off on Tinker, Tailor, Lawyer, P.I.: Are Your Workplace Investigations Complying with the Law?
How Attorneys Conducting Workplace Investigations Can Comply with N.Y.’s Private Investigator Law & Rules of Professional Conduct By Ronald C. Minkoff, Lindsay Harris, and Andrew Jacobs The recent high-profile trial in Ellen Pao vs. Kleiner...
