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Comments Off on NYSBA Task Force Report: ‘Pay to Play’
By Lazar Emanuel [Originally published in NYPRR January 1999] Executive Summary The existence of specific instances of “Pay to Play” is difficult to establish, since the conduct in question is dependent upon the state of mind with which political...
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Comments Off on Two NYCLA Ethics Opinions — Oct. 1998
By Roy Simon [Originally published in NYPRR January 1999] In October 1998, the NYCLA Committee on Professional Ethics issued two ethics opinions. Here are summaries of them: Discarding Old Files — NYCLA Op. 725 (10/6/1998) “When and how may a...
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Comments Off on IOLA Accounts: Are Deposits Mandatory — Exchange of Views
By Lazar Emanuel [Originally published in NYPRR January 1999] [Editor’s note: NYPRR Nov. 1998 published an article by Joseph S. Genova, “IOLA After Phillips: Clearing Up Some Misconceptions.” (Part 2 was published in NYPRR Dec. 1999.) We received...
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Comments Off on Federal Statute Applies State Conduct Rules to Prosecutors
By John Q. Barrett [Originally published in NYPRR January 1999] As Congress prepared to take its October 1998 pre-election recess, it passed the fiscal-year spending bill for the Department of Justice (DOJ). The bill is part of the Omnibus Consolidated...
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Comments Off on May Tax-Reduction Company Retain Lawyer for Property Owner
By Lazar Emanuel [Originally published in NYPRR December 1998] N.Y. State Bar Opinion 705 (clarifying N.Y. 371) This Opinion covers the engagement of an attorney by a non-attorney tax reduction company to represent a property owner in a Supreme Court...
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Comments Off on State Bar Issues Opinion on Use of Internet
By Lazar Emanuel [Originally published in NYPRR December 1998] In its first major pronouncement on law practice over the Internet, the New York State Bar Association’s Committee on Professional Ethics has issued Ethics Opinion 709 (Sept. 16, 1998)....
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Comments Off on Out-of-State Law Practice & Escrow Accounts: Ethics Opinions
By Roy Simon [Originally published in NYPRR December 1998] Recently, the New York State Bar’s Committee on Professional Ethics issued an opinion about a lawyer’s duties as an escrow agent, and the Nassau County Bar’s Professional Ethics Committee...
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Comments Off on IOLA After “Phillips”: Part 2
By Joseph S. Genova [Originally published in NYPRR December 1998] In Phillips v. Washington Legal Foundation, decided in June 1998, a bare majority of the U.S. Supreme Court said that interest earned on client funds held in IOLTA accounts maintained by...
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Comments Off on Guard Against Criminal, Civil & Disciplinary Liability: A Practical Guide
By Sarah Diane McShea [Originally published in NYPRR December 1998] The first article in this series on law firm management problems (see, NYPRR May 1998) surveyed disciplinary cases in which partners and associates in large firms had been disciplined...
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Comments Off on IOLA After “Phillips”: Part 1 — Clearing Up Some Misconceptions
By Joseph S. Genova [Originally published in NYPRR November 1998] In this article, I examine the Supreme Court’s decision in Phillips v. Washington Legal Foundation [118 S. Ct. 1925; 1998 U.S. LEXIS 4003 (1998)], which has been widely but incorrectly...
