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Comments Off on Court of Appeals Disqualifies Firm Despite Chinese Wall
By Roy Simon [Originally published in NYPRR August 1999] In Kassis v. Teacher’s Insurance and Annuity Association [243 AD2d 191 (1st Dept. 1998)], the First Department surprised a lot of people by denying the plaintiff’s motion to disqualify the...
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Comments Off on Avoid Penalties Under Fair Debt Collection Procedures Act
By Stewart E. Wurtzel [Originally published in NYPRR August 1999] The scenario is common. A client asks her attorney to recover monies which a debtor owes to the client but has failed to pay despite the client’s repeated demands. The attorney offers...
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Comments Off on Amendments to the ECs (1999)
By Roy Simon [Originally published in NYPRR August 1999] Almost lost in the hoopla over the new amendments to the disciplinary rules are the new amendments to the Ethical Considerations (ECs), effective June 30, 1999. The ECs are not formally adopted...
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Comments Off on Amendments to the DRs (1999)
By Steven C. Krane [Originally published in NYPRR August 1999] [The following discussion of the new amendments to the Code of Professional Responsibility was prepared by Mr. Krane for his law firm, Proskauer Rose LLP.] Definitions Throughout the Code,...
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Comments Off on Limits on Proper Acceptance of Client’s Story
By Marvin E. Frankel [Originally published in NYPRR July 1999] Among the more horrifying and publicized of recent cases; the guilty plea of Justin Volpe, involving severe injuries to a victim from a bloody assault in a police station, stands out. To...
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Comments Off on Lawyer’s Incivility Provokes Three-Month Suspension
By Hal R. Lieberman [Originally published in NYPRR July 1999] In 1993, I wrote an article for the New York Law Journal entitled, “Lawyer Incivility Is Also Unethical.” [See, NYLJ, 11/15/93, p. 1, col. 1.] The article described three cases decided...
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Comments Off on Conflicts of Interest in Adoption Proceedings
By Ronald C. Minkoff [Originally published in NYPRR July 1999] Every attorney knows the severe consequences of failing to recognize a conflict of interest between two current clients: the attorney may be disqualified from the case, may be denied her...
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Comments Off on ABA Commission: Change Fee-Sharing Rules
By Mary C. Daly [Originally published in NYPRR July 1999] [Editor’s Note: Professor Daly served as the Reporter to the ABA Commission on Multidisciplinary Practice. The views expressed in this article are her own and not those of the Commission.]...
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Comments Off on Proposal to Permit Multi-Disciplinary Partnerships
By John B. Harris [Originally published in NYPRR June 1999] In recent months, the legal profession has intensely debated whether partnerships between lawyers and other professionals (so-called “multi-disciplinary partnerships” or MDPs) will...
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Comments Off on Lawyer Needs Insured’s Consent Before Submitting Bills to Insurer’s Auditor
By Lazar Emanuel [Originally published in NYPRR June 1999] N.Y. State Bar Op. 716 (1999) Question: May a lawyer representing an insured in a civil action submit his legal bills to an independent audit company employed by the insurance carrier without...
