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Comments Off on The British Are Coming — Who’s Your Real Competition?
By Roy Simon [Originally published in NYPRR May 2000] “History,” a fellow law professor quipped, “is strewn with the corpses of people who said, ‘Technology will never replace me.’” Take seriously the advice implicit in that observation. Whether you are a solo practitioner or a powerhouse Wall Street corporate lawyer, your competition is...
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Comments Off on Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2000] What happens when a solo practitioner dies leaving no immediate family and no personal estate requiring administration? What if his landlord is threatening to destroy his files? Who is...
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Comments Off on When Merging Firms Should Notify Clients
By Lazar Emanuel [Originally published in NYPRR February 2000] The current urge to merge is nowhere more pervasive than in the legal profession. The merger of two law firms can be especially traumatic to clients who are suddenly confronted with changes...
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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 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 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...
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Comments Off on Who Controls Your Trust Account? Your Client or His Creditor?
By Roy Simon [Originally published in NYPRR October 1999] I staff the Nassau Bar Ethics Hotline, and several lawyers a week call to ask ethics questions. A question that arises often is the degree to which a client can control the funds in an...
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Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...
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Comments Off on Things Old & New — Code Amendments
By Stephen Gillers [Originally published in NYPRR September 1999] In one way, at least, the July 1999 amendments to the New York Code of Professional Responsibility did not much change it. The Code continues to be a composite of something old,...
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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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