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Comments Off on Lawyer May Bill Hourly Rate When Appearing as Witness
By Lazar Emanuel [Originally published in NYPRR June 1999] N.Y. State Bar Op. 714 (1999) Question: May a lawyer accept compensation from a former client for time in preparing to testify in a matter and for testifying as a witness? Answer: Yes, provided...
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Comments Off on Contract Lawyer & Client Confidences
By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR June 1999] [Editor’s note: This is our third article on the temporary or contract lawyer. In the two previous articles, we dealt with Conflicts of Interest and Imputed...
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Comments Off on Code Violations & Disqualification Motions: Which Rules Apply?
By Norman Redlich & David R. Lurie [Originally published in NYPRR June 1999] When faced with motions to disqualify opposing counsel for conflicts of interest, courts frequently must decide whether a lawyer’s violation of the disciplinary rules...
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Comments Off on When Lawyer Should Comply with Client Instructions
By Lazar Emanuel [Originally published in NYPRR May 1999] N.Y. State Bar Op. 713 (1999) Question: A lawyer has drafted a deed for his client who is taking title to parcels of real estate in satisfaction of a preexisting debt. The client has instructed the...
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Comments Off on Estate Planning Lawyer May Not Sell Long-Term Care Insurance
By Roy Simon [Originally published in NYPRR May 1999] Selling Long-Term Care Insurance to Estate Planning Clients N.Y. State Bar Op. 711 (1999) — Question: May a lawyer who is licensed as an insurance broker sell long-term care insurance to clients whom...
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Comments Off on Don’t Hire Disbarred Lawyer to Work in Your Office
By Roy Simon [Originally published in NYPRR May 1999] In October 1998, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York issued an opinion strongly cautioning any lawyer before hiring a disbarred...
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Comments Off on Contract Lawyer & Imputed Disqualification
By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR May 1999] In the first article in this series on the temporary or “contract” lawyer, we dealt with the safeguards available to the hiring partner in screening for existing or...
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Comments Off on Your Client Is a Corporation — Are Its Affiliates Clients Too?
By Stephen Gillers [Originally published in NYPRR May 1999] Conflict of interest rules have become exponentially more complex in the last 25 years. Rules governing conflicts in the corporate family can be especially daunting. If you represent one...
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Comments Off on Can Lawyers Live with Multidisciplinary Practice?
By Gary A. Munneke [Originally published in NYPRR May 1999] There has been considerable debate concerning the question of multidisciplinary practice, or MDP for short. The discussion has centered on the strategy of international accounting firms to...
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Comments Off on The Ethics of Ethics Consulting
By Roy Simon [Originally published in NYPRR April 1999] Protecting client confidences and secrets is among a lawyer’s most solemn obligations under the Code of Professional Responsibility A lawyer who breaches client confidentiality without...
