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Letters of Engagement and the Defense Bar

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By Roy Simon [Originally published in NYPRR May 2002] The rule on letters of engagement that took effect on March 4, 2002, 22 NYCRR Part 1215, is not a long or complex rule, but it puzzles many lawyers in the defense bar. This article explores a few...
Firm Disqualified for Conflict Between Clients

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By Lazar Emanuel [Originally published in NYPRR May 2002] In R.M. Buck Construction Corporation v. Village of Sherbourne [#90788 (April 4, 2002)], the Appellate Division, Third Department, ordered the disqualification of Melvin & Melvin LLP, a...
Billing for Computer-Assisted Legal Research

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By Steven C. Krane [Originally published in NYPRR May 2002] In September 1991, American Lawyer magazine published what it considered an exposé on the manner in which major law firms billed their clients for various hard costs. The article, entitled...
Conflicts of Interest in Patent Practice: Representing Competitors

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By Roy Simon [Originally published in NYPRR April 2002] Some of the most complex conflicts of interest in law arise in patent practice. This article discusses the conflicts that can arise in patent practice when a law firm represents competitors in the...
NYSBA Reverses Stand on Contingent Post-Divorce Collection Fees

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By Lazar Emanuel [Originally published in NYPRR April 2002] After 25 years, the State Bar has decided that under the present rules, a New York lawyer may not “enter into an arrangement for, charge, or collect a contingent fee in a post-divorce action...
Lawyers as Witnesses — Civil and Criminal Cases

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By Mary C. Daly [Originally published in NYPRR April 2002] In NYPRR, February 2002, I provided a general overview of DR 5-102, the so-called “advocate/witness” rule. This article examines how the state and federal courts have interpreted that rule...
Lawyer’s Duty to Disclose Client’s Fraud in Litigation

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By Lazar Emanuel [Originally published in NYPRR April 2002] Facts: While represented by Lawyer 1 in a bitter divorce action, Client signed a Net Worth Statement. Lawyer 2 was substituted for Lawyer 1 and proceeded to respond to several motions by...
Ethics Opinion Rejects Real Estate Broker Referral Fees

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[Originally published in NYPRR April 2002] Nassau County Bar Association, Committee on Professional Ethics Opinion No. 01-9: Facts: A real estate broker writes a letter soliciting buyer and seller referrals from lawyers in exchange for a fee. The...
Ethics Opinions from Other Jurisdictions

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[Originally published in NYPRR April 2002] Ohio: Agreement By Law Firm to Pay ‘Promotion’ Fee to Real Estate Agency An Ohio law firm proposed to pay an annual fee to a real estate agency and to discount its fees to the agency’s customers in...
Colorado Claims Jurisdiction Over New York Malpractice

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By Lazar Emanuel [Originally published in NYPRR April 2002] The Supreme Court of Colorado has held that a New York lawyer who represented a Colorado resident (Keefe) in a New York litigation is subject to Colorado’s long-arm statute and may be sued...