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Comments Off on Lawyer May Contact Adverse Party’s Accountant
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 735 May a lawyer communicate with an accountant who has worked as an independent contractor for the opposing party without getting the consent of opposing counsel? This issue was...
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Comments Off on Confidential Settlements & Restrictive Settlement Agreements
By Roy Simon [Originally published in NYPRR March 2001] Litigators enter into confidential settlement agreements every day. But if the First Department’s recent decision in Bassman v. Fleet Bank is correct, defendants have suddenly gotten a windfall,...
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Comments Off on City Bar Says ‘Affiliate’ Firms Must Observe Conflicts Rules
By Lazar Emanuel [Originally published in NYPRR March 2001] Formal Opinion 2000-4 In Formal Opinion 2000-4, the Association of the Bar of the City of New York has reviewed the circumstances under which two firms may describe themselves as...
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Comments Off on Revisiting Law Firm Discipline — Does It Really Work?
By Sarah Diane McShea [Originally published in NYPRR February 2001] Nearly five years ago, New York became the first state to require law firms — not just individual lawyers — to comply with existing lawyer ethics codes. The May 1996 revisions to...
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Comments Off on Prospective Client & Proposed Model Rule 1.18
By Marvin E. Frankel & Ronald W. Adelman [Originally published in NYPRR February 2001] The ABA’s Ethics Commission 2000 has proposed a draft new Model Rule 1.18, titled “Duties to a Prospective Client.” The proposed rule, which merits and...
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Comments Off on Duty to Disclose Error That May Constitute Malpractice
By Lazar Emanuel [Originally published in NYPRR February 2001] When does a lawyer have a duty to report to a client an error or omission that may lead to a malpractice claim against the lawyer? And when does the lawyer have a duty to withdraw after...
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Comments Off on Assessing Impact of Proposed DR 1-107, etc.
By Roy Simon [Originally published in NYPRR February 2001] In last month’s NYPRR (Jan 2001), I discussed what you can do until the proposed amendments to DRs 106 and 107 and several related changes in the Code are actually adopted by the Appellate...
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Comments Off on When Your Client Plans to Commit a Crime
By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...
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Comments Off on Waiting for Courts to Amend Code
By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal...
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Comments Off on Growing Trend Against Motions to Disqualify
By Roy Simon [Originally published in NYPRR January 2001] In the prior installments of this article, I considered the reluctance of the district courts to disqualify lawyers on conflicts issues, even when discipline for a breach of the ethics rules may...
