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Comments Off on NYSBA Nixes Escrow Checks on Uncollected Bank Funds
By Lazar Emanuel [Originally published in NYPRR May 2001] Stage set: A typical house title closing. Present: The usual cast. Plot: Buyers have contracted to pay $250,000 for a one-family house in Queens. Seller’s attorney is holding the $25,000 con-...
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Comments Off on Multiple Representation When Recovery Fund Is Limited
By Lazar Emanuel [Originally published in NYPRR May 2001] The decision by Nassau County Supreme Court Judge F. Dana Winslow in Gentile v. Hart Limousine and Entertainment, provides interesting instruction on the conflicts of interest inherent in the...
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Comments Off on ABA Commission Would Liberalize Practice Rules
By Lazar Emanuel [Originally published in NYPRR May 2001] As out-of-state law firms invade New York and New York firms move to establish beachheads in other states, legal scholars are struggling to redefine the barriers against unauthorized practice....
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Comments Off on Four Case Digests: May 2001
[Originally published in NYPRR May 2001] Firm Representing State Agency Not Disqualified from Suit Against State Covington and Burling (C&B) represents Brown & Williamson Tobacco Corp. in an action to block enforcement of a New York State...
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Comments Off on When Lawyers Err — Grounds for Discipline
By Lazar Emanuel [Originally published in NYPRR April 2001] Several recent Disciplinary Proceedings before the Appellate Division, Second Department provide valuable lessons into the snares and pitfalls confronting every lawyer. It’s instructive to...
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Comments Off on Primer on Trust Accounts — Don’t Use Money & Do Keep Records
By Sarah Diane McShea [Originally published in NYPRR April 2001] It may seem surprising that despite nearly two decades of vigorous enforcement of the rules governing escrow accounts, the leading offenses cited in suspension and disbarment cases in New...
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Comments Off on Nassau Bar Committee Okays Tie with AmeriCounsel.com
By Lazar Emanuel [Originally published in NYPRR April 2001] In Nassau County Bar Op. 01-04 (2/13/2001), the Professional Ethics Committee of the Bar Association of Nassau County issued an important opinion giving the green light, subject to a few...
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Comments Off on Fee Arbitration Rules to Take Effect June 1, 2001
By Roy Simon [Originally published in NYPRR April 2001] The Code of Professional Responsibility has always frowned on fee disputes between lawyers and clients. Ethical Consideration 2-23 reflects this disapproval by saying: A lawyer should be zealous...
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Comments Off on Who Is Your Client — The Business or Its Owners
By Mary C. Daly [Originally published in NYPRR March 2001] Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is...
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Comments Off on When Lawyer-Mediator May Draft Divorce Papers
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 736 The NYSBA Committee on Professional Ethics has reviewed the duties of a lawyer-mediator who resolves the terminal dispute between husband and wife and then is asked to draft...
