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Your Client Is a Corporation — Are Its Affiliates Clients Too?

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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 company, are its corporate affiliates also your clients? It would be easy to sympathize with a [&hellip...

The Ethics of Ethics Consulting

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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...

Three 1998 Nassau Bar Ethics Committee Opinions

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By Roy Simon [Originally published in NYPRR March 1999] On Oct. 28, 1998, the Nassau County Bar Professional Ethics Committee issued the following three opinions. Defending Against Suit By Former Client [Nassau County Bar Op. 98-11 (1998)] An attorney...

When Lawyers Work for Accounting Firms

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By Linda Galler [Originally published in NYPRR February 1999] Large American accounting firms are following the lead of their counterparts in Europe by expanding the range of services offered to the public into areas traditionally served by law firms....

Two NYCLA Ethics Opinions — Oct. 1998

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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...

State Bar Issues Opinion on Use of Internet

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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)....

When Partners Part: Ethical Implications of Lawyer Mobility

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By Steven C. Krane [Originally published in NYPRR September 1998] [Editor’s note: This is the first of two articles on the problems that arise when a partner decides to leave a firm. This article deals with the responsibilities of the partner who...

‘No-Contact’ Rule in NYS — Some Less Contentious Questions

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By Bruce A. Green [Originally published in NYPRR August 1998] Over the past decade, there has been heated discussion about the scope of the “no-contact” rule. This is the rule that, generally speaking, forbids a lawyer from communicating directly...

To Hell with Standards of Civility — Wait, Not So Fast!

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By Roy Simon [Originally published in NYPRR June 1998] In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...

When Complaint Is Filed Against You — How Disciplinary System Works

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By Sarah Diane McShea [Originally published in NYPRR May 1998] Most lawyers will receive at least one complaint of unethical conduct at some point during their careers. This is true for lawyers who never practice law and it is true for lawyers who hold...