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‘Partnership’ Accounting Denied to P.C. Member

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By Lazar Emanuel [Originally published in NYPRR December 2002] A lawyer who joins and participates as a member of a law firm organized as a professional corporation may not obtain a “partnership” accounting from the other lawyers in the firm. [Weiner v. Hoffinger Friedland Dobrish & Stern, App. Div., 2nd Dept. (11/10/2002).] Attorney Stephen...

Time-Barred Counterclaim in Lawyer’s Suit for Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Jay Landa represented clients Margaret and Patrick Mullen in a Family Court proceeding in 1997 and 1998. A dispute developed concerning Landa’s fees. Landa complied with the...

Taking Security Interest to Secure Payment of Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The...

Supreme Court Strikes Limits on Speech by Judicial Candidates

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By Lazar Emanuel [Originally published in NYPRR September 2002] In a decision with wide impact on future judicial electoral campaigns, the Supreme Court has struck down as a violation of free speech all rules limiting the expression of views by...

Three NYSBA Ethics Opinions Interpret New MDP Rules

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By Mary C. Daly [Originally published in NYPRR August 2002] You have identified a non-legal service that you want to extend to your clients and to others. For the purposes of this article, let’s say that the service will consist of mortgage...

Working Under New Rules on Multidisciplinary Practice

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By Gary A. Munneke [Originally published in NYPRR October 2001] New York has become the first American jurisdiction to adopt a regulatory scheme for multidisciplinary practice. In NYPRR Sept 2001 issue, Professor Roy Simon provided a section-by-section...

When Client Threatens Suicide: Duty Not to Disclose

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By Jay C. Carlisle & Jonathan A. Weiss [Originally published in NYPRR September 2001] Last month in Chicago, lawyers met at the American Bar Association’s annual meeting to consider proposals to amend Model Rule 1.6 to permit a lawyer to reveal...

Three Case Digests: July 2001

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By Lazar Emanuel [Originally published in NYPRR July 2001] Non-Client Defendant May Move to Disqualify Counsel The Brickman law firm represented Client Matthews in an age discrimination claim against his former employer, defendant’s predecessor in...

When Unsolicited Information Comes Over the Transom

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By Jonathan J. Lerner [Originally published in NYPRR June 2001] [Note: In NYPRR Feb. 2001, Marvin Frankel and Ronald Adelman discussed proposed ABA Model Rule 1.18, which deals generally with a lawyer’s duties to a prospective client. This article...

When Lawyers Err — Grounds for Discipline

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By Lazar Emanuel [Originally published in NYPRR April 2001] Several recent Disciplinary Proceedings before the Appellate Division, Second Department provide valuable lessons into the snares and pitfalls confronting every lawyer. It’s instructive to...