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Comments Off on Identifying Client in Closely-Held Business
By Mary C. Daly [Originally published in NYPRR October 2000] Representing closely-held and family businesses is a vital part of many lawyers’ practices. These businesses frequently purchase legal services in a wide array of transactional and...
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Comments Off on “Citrin” Case: Do Disbarred Lawyers Have Constitutional Rights?
By Hal R. Lieberman [Originally published in NYPRR October 2000] In 1987, mired in debt, Nassau County attorney Peter Citrin became involved in a fraudulent mortgage scheme, devised by others, so he could generate “income” to pay off gambling...
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Comments Off on Accepting Payment in Securities in Lieu of Money
By Roy Simon [Originally published in NYPRR October 2000] In July 2000, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York issued an important opinion about the right of a lawyer to accept stock,...
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Comments Off on Second Circuit Sends Signals on Civility
By Richard F. Ziegler & Kristin Collins [Originally published in NYPRR October 2000] Incivility can be costly to an attorney practicing in federal court if the judge determines that the attorney has crossed the line from “zealous advocacy” to...
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Comments Off on Revolving Door: “Gibbs v. Breed Abbott”
By Ronald C. Minkoff [Originally published in NYPRR September 2000] If they ever existed, the halcyon days of hallowed law partnerships, when those who survived to make partner loyally labored for the same firm for their entire professional lives, are...
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Comments Off on The Heat Subsides: Future of MDPs in New York
By Steven C. Krane [Originally published in NYPRR September 2000] In NYPRR July 2000 issue, we reported on what were then imminent debates in the Houses of Delegates of the New York State Bar Association (NYSBA) and the American Bar Association (ABA)...
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Comments Off on Charging Interest on Unpaid Fees or Disbursements
By Roy Simon [Originally published in NYPRR September 2000] May lawyers ethically charge interest on unpaid legal fees? May they charge interest on unpaid disbursements in contingent fee cases? In a pair of opinions issued in July 2000, the ethics...
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Comments Off on How to Protect Against Inadvertent Disclosure of Privileged Documents
By Roy Simon [Originally published in NYPRR August 2000] During my first few years of practice, my firm and its co-counsel were defending a large client against a government lawsuit. A name partner in the co-counsel firm was in charge of document...
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Comments Off on ‘Noisy Withdrawal’ from Client’s Fraud
By Mary C. Daly [Originally published in NYPRR August 2000] This article discusses DR 4-101(C)(5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in...
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Comments Off on Duty to Supervise: A Firm Responsibility
By Marvin Frankel & Charlotte Fischman [Originally published in NYPRR August 2000] New York stands alone in requiring law firms as well as lawyers (at least those with management responsibility in the firm or “direct supervisory authority” over...
