-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Supreme Court Strikes Limits on Speech by Judicial Candidates
By Lazar Emanuel [Originally published in NYPRR September 2002] In a decision with wide impact on future judicial electoral campaigns, the Supreme Court has struck down as a violation of free speech all rules limiting the expression of views by...
-
NYPRR Archive •
admin •
Comments Off on Pecuniary Damages Rule Applied to Malpractice in Criminal Cases
By Lazar Emanuel [Originally published in NYPRR September 2002] In Wolkstein v. Morgenstern [713 N.Y.S.2d 171 (App. Div. 1st Dept. 2000)], the First Department promulgated a simple and clear rule in all civil cases: Except in cases of conduct “so...
-
NYPRR Archive •
admin •
Comments Off on Rules for Lawyers Practicing Before SEC
By Roy Simon [Originally published in NYPRR September 2002] When I was a first year law student at NYU in 1974, one of the first law review articles I read was Frederick D. Lipman’s The SEC’s Reluctant Police Force: A New Role for Lawyers, 49 NYU...
-
NYPRR Archive •
admin •
Comments Off on Lawyers in Social Security Cases May Recover Contingent Fees
By Lazar Emanuel [Originally published in NYPRR September 2002] Traditionally, lawyers representing clients on social security claims have relied on contingent fee agreements providing for fees equal to 25 percent of past-due benefits recovered. In an...
-
NYPRR Archive •
admin •
Comments Off on Automatic Disbarment for Felony Convictions: Time to Rethink Old Rule?
By Sarah Diane McShea [Originally published in NYPRR September 2002] For more than a century, New York has adhered to the strict rule that lawyers convicted of felony offenses should not be permitted to continue as members of the bar. A lawyer...
-
NYPRR Archive •
admin •
Comments Off on New Jersey’s Hostile Attitude Toward New York Lawyers
By Roy Simon [Originally published in NYPRR August 2002] Based on the final report and recommendations of the ABA Commission on Multijurisdictional Practice, many lawyers are optimistic that they will soon be able to practice more freely across state...
-
NYPRR Archive •
admin •
Comments Off on Felonies & Serious Crimes in Lawyer Discipline
By Lazar Emanuel [Originally published in NYPRR August 2002] The rules governing the commission of crimes by New York lawyers and the resulting scope of discipline by the courts require research in several places, including the New York Code of...
-
NYPRR Archive •
admin •
Comments Off on Disposing of Escrow Funds Belonging to Missing Client
By Lazar Emanuel [Originally published in NYPRR August 2002] What are a lawyer’s obligations in either of the following circumstances? Example One: A law firm recovered a judgment in behalf of its client. The judgment provided for payment in annual...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Three NYSBA Ethics Opinions Interpret New MDP Rules
By Mary C. Daly [Originally published in NYPRR August 2002] You have identified a non-legal service that you want to extend to your clients and to others. For the purposes of this article, let’s say that the service will consist of mortgage...
-
NYPRR Archive •
admin •
Comments Off on Nassau County Bar Issues Ethics Opinions 2002-01 & 2002-02
[Originally published in NYPRR July 2002] The Committee on Professional Ethics of the Nassau County Bar Association has issued two new ethics opinions, both dated March 26, 2002. Both present novel issues. Opinion 2002-01 Lawyers A and B...
