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Comments Off on When You Refer a Matter to Another Lawyer
By Lazar Emanuel [Originally published in NYPRR March 2011] John Adams has been your client for many years. You’ve represented him in a variety of matters, including the preparation of his prenuptial agreement with Jane, the purchase of his home, and most of his business matters. You receive a call from John one day. [&hellip...
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Comments Off on Tribute to Steve Krane
Note: The August 2010 issue of NYPRR is dedicated to the memory of Steven C. Krane, General Counsel of Proskauer Rose, LLP. Steve served us all in many roles — as law clerk to Chief Judge Judith S. Kaye, as the youngest President of the New York State Bar...
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Comments Off on Whom Does a Corporation’s Attorney Represent?
By Roy Simon [Originally published in NYPRR January 2010] When an attorney represents an entity, does the attorney also represent others? For example, does the attorney represent shareholders? Sister and subsidiary corporations? Officers? Limited...
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Comments Off on What I Need to Learn in Law School — Lessons in Ethics
By Jeremy R. Feinberg & Laura Smith [Originally published in NYPRR September 2009] As thousands of aspiring lawyers enter law school this month, we decided to depart from our usual NYPRR contributions on the ethics of lawyers and judges, and...
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Comments Off on Who May Use the Title ‘Partner’?
By Roy Simon [Originally published in NYPRR December 2008] New York’s Ethical Consideration 2-12 (as renumbered in November 2007) states: “In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be...
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Comments Off on Undeniably Important — Pro Bono Work Made Easier By Recent Ethics Developments
By Jeremy R. Feinberg [Originally published in NYPRR September 2008] The words “pro bono publico,” a Latin phrase meaning “for the public good,” is one expression that all attorneys and many clients know. In the practice of law, the public good...
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Comments Off on Wrong Plaintiff? Wrong Defendant? Beware a Motion for Sanctions
By Lazar Emanuel [Originally published in NYPRR August 2008] Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has “standing” to sue this defendant. In an action to recover...
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Comments Off on Who Controls Disbarred Lawyer’s Trust Account? — Proposed Amendments to DR 9-102(G)
By Roy Simon [Originally published in NYPRR August 2008] This column is about a Disciplinary Rule that you and your law firm have probably never encountered but that profoundly affects the public image of the legal profession. It is about DR 9-102(G),...
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Comments Off on Who Is My Client? — Vicarious or Accommodation Clients
By Ronald C. Minkoff [Originally published in NYPRR May 2008] When is a “client” not really your client? The answer: When the client is considered a “secondary,” “accommodation,” or “vicarious” client. Though they are often used...
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Comments Off on Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills
By Jeremy R. Feinberg [Originally published in NYPRR March 2008] If you ask anyone to identify services that lawyers provide for their clients, inevitably, one answer you will hear is “prepare wills.” Indeed, many law students, and even...
Ron Minkoff