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Comments Off on Understanding & Securing the LLP Shield in New York (Part 1)
By Goldy Gluzman & Susan Fortney Introduction “[T]he actions of a partner you don’t even know, working in an office on the other side of the country, could cost you your house and force your kids to go to public school.” See, Michael Orey, “The...
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Comments Off on Recent N.Y. Ethics Opinions: June 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of four ethics opinions issued in January, February, and April 2015. The first three were issued by the NYSBA Committee on Professional Ethics, and the fourth by the NYC Bar...
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Comments Off on When Case-Within-a-Case Method Helps Plaintiffs Prove Legal Malpractice
By Daniel L. Abrams Causation is an essential element in any legal malpractice case. When the plaintiff alleges that an attorney mishandled a lawsuit, in order to prove causation the plaintiff must prove that it would have prevailed in the underlying lawsuit....
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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part II
By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or Were Represented by Counsel” (NYLER April 2015), we explained the basic...
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Comments Off on Recent N.Y. Ethics Opinions: May 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of two ethics opinions issued in January and February 2015. The first was issued by the NYSBA Committee on Professional Ethics, and the second by the NYC Bar Association...
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Comments Off on Need Help with an Ethics Question?
Need help with an ethics question? Two of the most active ethics committees in New York offer hotline assistance. These hotlines are available to attorneys admitted to practice in New York State who have questions about their own prospective conduct under the...
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Comments Off on “Remembering Professor Monroe Freedman”
By Abbe Smith The following remarks were delivered on March 1, 2015, at the Memorial Service for Professor Monroe Freedman. Monroe was my friend, co-author, intellectual life partner, mentor, and member of the family. There is no one like him; he is...
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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part 1
By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler) Lawyers sometimes want to contact a person who is connected with an adverse party or formerly connected with an adverse party in a transaction or litigation....
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Comments Off on “Illegal” Conduct Under Rule 1.2: When Does Advice to a Client Violate an Attorney’s Ethical Obligations?
By Lewis Tesser and Timothy Nolen Many attorneys have experienced situations in which a client has sought advice about proposed actions which “push the legal limit” or are even clearly illegal. How far—if at all—may attorneys go in assisting a client...
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Comments Off on Recent N.Y. Ethics Opinions: April 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of two ethics opinions issued in January and February 2015. The first opinion was issued by the NYSBA Committee on Professional Ethics, and the second by the NYC Bar...