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Comments Off on When the Music Stops: Risk Management & Lateral Lawyer Musical Chairs
By Marian C. Rice What lessons have been learned from the role lateral hiring played in the demise of formerly venerable firms like Dewey, Howery, and Heller Ehrman, to name a few? Have the cautionary tales dampened the enthusiasm for poaching talented...
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Comments Off on Ethical Implications & Best Practices for Use of Email
By Robert A. Barrer Which of the following statements are true? A. Email is a wonderful tool for the successful practice of law. B. Email not only saves time and money, but also allows for prompt communication with clients, colleagues, and opposing counsel....
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Comments Off on Rules Permitting Out-of-State Lawyers to Practice Temporarily in New York: Temporarily Out of Order
By Roy Simon, Distinguished Professor of Legal Ethics Emeritus This is Part 3 of my update on developments in New York’s regulation of lawyers since the death of NYPRR publisher Lazar Emanuel in November 2011. Part 1 reviewed recent amendments to Rules 3.8,...
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Comments Off on Law Firm In-House Privilege Revisited
By Ronald C. Minkoff A recent decision by a Commercial Division judge in New York County has caused shivers of anticipation among New York’s professional responsibility community. In an Interim Order in Stock v. Schnader Harrison Segal & Lewis...
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Comments Off on New York Professional Responsibility Developments Since November 2011: Part 2 — The Battle Over Pro Bono
By Roy D. Simon, Distinguished Professor of Legal Ethics Emeritus Last month in Part 1 of my review of developments in New York legal ethics since Lazar Emanuel’s untimely death in November 2011, I ended on the optimistic note that the process for amending...
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Comments Off on Counseling a Client to Change Her Privacy Settings on Her Social Media Account
By Mark A. Berman Social networking websites enable easy sharing of information and concomitantly offer the user different levels of privacy. Certain sites allow users to restrict who may see certain types of content. Other websites can limit information to...
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Comments Off on New York Professional Responsibility Developments Since November 2011: Part 1
By Roy D. Simon, Distinguished Professor of Legal Ethics Emeritus I had the privilege of working with Lazar Emanuel from the time he first conceived of New York Professional Responsibility Reporter (NYPRR). He called me to discuss his idea late in 1997, and I...
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Comments Off on Excessive Fees Revisited: Enforcement of Lucrative Retainers After “Lawrence”
By Richard M. Maltz It has long been the rule in New York that when a client challenges a legal fee after a representation has ended the burden is on the lawyer to establish the fee was not unconscionable. Stated another way, the lawyer must prove the fee...
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Comments Off on Hygiene for Trust Accounts: Time for a Check-Up?
By Janis M. Meyer Any law student who has taken a legal ethics course knows that converting or otherwise misappropriating the funds of a client or third party entrusted to a lawyer’s care provides a surefire route to suspension or disbarment. The logical...
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Comments Off on Tribute to Lazar Emanuel (1924 — 2011)
[Originally published in NYPRR February 2012] The February 2012 issue of NYPRR is dedicated to the memory of Lazar Emanuel, Publisher and Managing Editor of the New York Professional Responsibility Report. Goodbye, My Friend By Roy Simon With the...
