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Comments Off on New Perspective: Revisiting “Cohen v. Lord Day & Lord”
By Ronald C. Minkoff [Originally published in NYPRR ] When I was in high school, a teacher showed my class a picture — one I am sure many readers have also seen. Viewed from one perspective, the picture showed a young, well-dressed woman; viewed from...
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Comments Off on Letters of Engagement Are Now Mandatory
By Roy Simon [Originally published in NYPRR March 2002] Effective March 4, 2002, pursuant to a new 22 NYCRR Part 1215 entitled “Written Letter of Engagement,” every New York lawyer must begin providing every client with a written letter of...
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Comments Off on “Sheraton v. LeBoeuf” — Test of Trial Malpractice
By Steven Wechsler [Originally published in NYPRR February 2002] In August 1997, the firm of LeBoeuf, Lamb, Greene & MacRae undertook the representation of defendant Sheraton Corporation in a law suit filed in the U.S. District Court for the...
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Comments Off on Public Disciplinary Hearings? Overview of Debate
By Sarah Diane McShea [Originally published in NYPRR February 2002] For many years, the New York State Bar Association has opposed opening attorney disciplinary proceedings to the public. By the time this article is printed, the House of Delegates of...
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Comments Off on Lawyers as Witnesses: An Overview
By Mary C. Daly [Originally published in NYPRR February 2002] When a lawyer thinks about conflicts of interest, what usually comes to mind are conflicts between the lawyer and a client or between clients. Too often a lawyer neglects to examine whether...
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Comments Off on Dual Representation Proper If No Present Conflict Exists
[Originally published in NYPRR February 2002] In Opinion 01-5, the Nassau County Bar Association Committee on Professional Ethics considered the following question: may a lawyer defend both a stockbroker and her employer in a single litigation in...
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Comments Off on DR 1-107 Definition of Non-Legal ‘Professional’
By Roy Simon [Originally published in NYPRR February 2002] The most important word in new DR 1-107 (one of two new “MDP” rules that took effect on Nov. 1, 2001) is “professional.” The entire point of DR 1-107 is to authorize and regulate closer...
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Comments Off on Rules Mandating Arbitration of Fee Disputes Now in Effect
[Originally published in NYPRR January 2002] [Editor’s Note: See, Roy Simon, NYPRR, April 2001, for the major features of the new fee dispute resolution program in easy-to-read Q&A format.] Part 137 of the Rules of the Chief Administrator of the...
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Comments Off on Ninth Circuit in Conflict with Fifth Circuit Over IOLTA
By Lazar Emanuel [Originally published in NYPRR January 2002] In an en banc decision on rehearing, the Court of Appeals for the Ninth Circuit has reached a decision affecting the IOLTA program of the State of Washington which is directly contra to the...
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Comments Off on Imputed Conflicts Under New DR 1-107
By Roy Simon [Originally published in NYPRR January 2002] My article in NYPRR December 2001, covered imputed conflicts of interest under DR 1-106, which governs a law firm’s direct or indirect provision of legal services to its clients and to the...
