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Comments Off on Patent Attorneys Subject to Discipline in New York
By Lazar Emanuel [Originally published in NYPRR February 2000] Is a patent attorney who is also admitted to practice in New York subject to the same grievance machinery which is applicable to other lawyers under the rules of the Appellate Divisions and...
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Comments Off on Lawyer’s Duties When Co-Clients Battle
By Lazar Emanuel [Originally published in NYPRR February 2000] A lawyer who undertakes to represent two clients with seemingly common interests will often find that the interests eventually diverge. When they do, he may be asked to represent one client...
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Comments Off on Debt Collection Letter Ruled Deceptive
By Lazar Emanuel [Originally published in NYPRR February 2000] A federal judge has reminded lawyers who write consumer collection letters that they must look carefully at the provisions of the Federal Debt Collection Procedures Act, 15 USCA §§1692 et...
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Comments Off on Undercover Investigators & Disciplinary Rules
By Roy Simon [Originally published in NYPRR January 2000] Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...
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Comments Off on Controlling Conflicts Between Old & New Clients
By Stephen Gillers [Originally published in NYPRR January 2000] At first hearing, it may sound odd to learn that a lawyer’s representation of a new client conflicts with duties the lawyer still owes to a former client, perhaps one for whom the lawyer...
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Comments Off on Anti-Contact Rule & Subordinate Employees
By Hal R. Lieberman [Originally published in NYPRR January 2000] My colleague Roy Simon has written an article, “Undercover Investigators & Disciplinary Rules,” which appears in NYPRR January 2000, in which he reviews in detail the facts and...
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Comments Off on Who Is Your Client in Small Business Matters?
By Roy Simon [Originally published in NYPRR December 1999] When you are handling matters for a small corporation, who is your client? This is not a trick question. You should know the answer. As DR 5-109(A) states: When a lawyer employed or retained by...
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Comments Off on NYCLA Opinions 727 & 728 (1999)
By Roy Simon [Originally published in NYPRR December 1999] Here are two New York County Lawyers Association Opinions, issued June 30, 1999, discussing issues that arise when a judge joins a firm (727), and when the only partner with a particular specialty...
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Comments Off on Applying Conflicts Rules When a Lawyer Moves
By Lazar Emanuel [Originally published in NYPRR December 1999] N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of...
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Comments Off on Spoliation of Evidence: What Are Ethics Issues?
By Barbara S. Gillers [Originally published in NYPRR November 1999] What do you tell a client who wants to destroy documents or other real evidence? What if preserving the evidence could harm the client in the event of a lawsuit but no lawsuit is...
