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Who Is Your Client — The Business or Its Owners

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By Mary C. Daly [Originally published in NYPRR March 2001] Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is required to advise the constituents of that organization (e.g., directors, officers, employees,...

When Lawyer-Mediator May Draft Divorce Papers

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By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 736 The NYSBA Committee on Professional Ethics has reviewed the duties of a lawyer-mediator who resolves the terminal dispute between husband and wife and then is asked to draft...

When Your Client Plans to Commit a Crime

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By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...

Waiting for Courts to Amend Code

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By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal...

Working Without Fees: Failure to Heed Rules in Domestic Relations Matters

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By Lazar Emanuel [Originally published in NYPRR December 2000] Two decisions by New York County Supreme Court judges imposed draconian penalties on lawyers who failed to follow the rules controlling retainer agreements, client billing, arbitration...

The Heat Subsides: Future of MDPs in New York

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By Steven C. Krane [Originally published in NYPRR September 2000] In NYPRR July 2000 issue, we reported on what were then imminent debates in the Houses of Delegates of the New York State Bar Association (NYSBA) and the American Bar Association (ABA)...

‘Noisy Withdrawal’ from Client’s Fraud

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By Mary C. Daly [Originally published in NYPRR August 2000] This article discusses DR 4-101(C)(5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in...

Who Owns Privilege After Merger?

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By Stephen Gillers [Originally published in NYPRR July 2000] [Editor’s note: This is Part II of a two-part article.] In last month’s NYPRR (June 2000), we identified several lawyer regulatory issues of particular concern to corporate and...

Statute of Limitations in Legal Malpractice Actions

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By Roy Simon [Originally published in NYPRR July 2000] Statute of limitations questions in legal malpractice actions are tricky. If you are trying to gauge your law firm’s exposure to legal malpractice actions — or if you represent plaintiffs in...

Whistleblowing — Difficult Duty of DR 1-103(a)

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By John Q. Barrett [Originally published in NYPRR June 2000] Last fall, I received a memorable telephone call from a former student. This young lawyer explained that he was calling me to seek professional responsibility advice for an unnamed friend who...