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Comments Off on Who Is My Client? — The Intermittent Client
By Ronald C. Minkoff [Originally published in NYPRR February 2008] When is a client no longer a client? This question may seem simple, but it is fraught with peril for lawyers and their firms. The existence of a continuing attorney-client relationship imposes any number of obligations on a law firm, including, for example, the [&hellip...
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Comments Off on State Bar’s Proposed New Rules of Professional Conduct
By Roy Simon [Originally published in NYPRR January 2008] Editor’s note: This is the first in a series of articles by Roy Simon that will describe and explain the proposed New York Rules of Professional Conduct that have been approved by the New York...
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Comments Off on ‘Party’ vs. ‘Person’ in DR 7-104(A)
By Roy Simon [Originally published in NYPRR June 2007] May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....
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Comments Off on U.S. Courts v. 50 States — New MJP Issues
By Ronald C. Minkoff [Originally published in NYPRR May 2007] Now that approximately 35 states have adopted some variation of Model Rule 5.5, and a plethora of case law Birbrower v. Superior Court of California, 17 Cal. 4th 119, 70 Cal. Rptr.2d 304,...
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Comments Off on Thumbnail Guide to Amended Advertising Rules
By Roy Simon [Originally published in NYPRR February 2007] On Jan. 4, 2007, the courts announced extensive amendments to the rules governing lawyer advertising in New York. This article briefly summarizes the new rules, which are effective as of Feb....
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Comments Off on Threatening to File Grievance Against Opposing Counsel
By Roy Simon [Originally published in NYPRR November 2005] May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...
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Comments Off on ‘Of Counsel’ Lawyers & Conflicts of Interest
By Roy Simon [Originally published in NYPRR July 2005] The Second Circuit decided a case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005), that turns conventional wisdom upside down. If this...
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Comments Off on When Prison Inmate Threatens Suicide
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004] Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide....
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Comments Off on Wrongful Discharge Supports Claim in Quantum Meruit
By Lazar Emanuel [Originally published in NYPRR October 2004] Adhering to a decision by the Court of Appeals in Pain Services P.C. v. Quadrino & Schwartz [370 F.3d 259 (2d Cir. 2004)], Judge Shira Scheindlin has confirmed the right of a lawyer who...
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Comments Off on When Is Law Firm a Debt Collector?
By Lazar Emanuel [Originally published in NYPRR September 2004] When is a law firm deemed a “debt collector” under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. 1692 et seq.? This question was answered by the Court of Appeals for the...
Ron Minkoff