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Comments Off on Threatening Criminal Charges to Obtain Civil Advantage
By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third party with administrative penalties or criminal prosecution in order to recover a civil claim?...
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Comments Off on When Uninvited Disclosures Become Confidences
By Lazar Emanuel [Originally published in NYPRR October 2003] Every lawyer knows the feelings of discomfiture that arise on those occasions when an individual who is not a present client insists on asking for advice, or on disclosing facts which would...
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Comments Off on Washington State Bar Takes on SEC
By Roy Simon [Originally published in NYPRR October 2003] A New York legal ethics newsletter may seem like an unlikely place to write about federal preemption doctrine. For more than 100 years, the rules that govern the conduct of lawyers have...
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Comments Off on You Can’t Stop Client from Complaining
By Steven C. Krane [Originally published in NYPRR September 2003] The representation did not go well. The client was unhappy with your services. Your fee bills remained unpaid for months on end. The client fired you and retained new counsel. (Things...
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Comments Off on The Lawyer & The Judge — Three Scenarios
By Mary C. Daly [Originally published in NYPRR September 2003] It’s been a long week. Just as you are about to drag yourself out of the office late one Friday evening, the phone rings. Against your better judgment, you decide to answer the call. Your...
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Comments Off on Warning to Lawyers: Choose Your Escrow Bank Carefully
By Lazar Emanuel [Originally published in NYPRR August 2003] The decision of Supreme Court Judge Edward H. Lehner in Bazinet v. Kluge [N.Y. Cty., No. 110143/01, 5/29/03], requires careful study by lawyers who draft contracts providing for the deposit...
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Comments Off on ‘But For’ Standard in Transactional Malpractice
By Roy Simon [Originally published in NYPRR August 2003] Transactional lawyers across the country recently had a close shave. The close shave came in a California legal malpractice suit against Williams & Connolly and its partner Charles Sweet. The...
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Comments Off on When Prospective Clients Raise Conflicts of Interest
By Roy Simon [Originally published in NYPRR May 2003] When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you...
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Comments Off on Unbundling of Services & Practice of Law
By Lazar Emanuel [Originally published in NYPRR May 2003] Two trends in the practice of law are gathering speed simultaneously but independently. Eventually, they will affect each other in ways that no one can now anticipate. The first trend, born of...
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Comments Off on What Do You Mean, I Don’t Get Paid? Fee Forfeiture in New York
By Ronald C. Minkoff [Originally published in NYPRR March 2003] Lawyers who are guilty of professional misconduct have much to worry about. They can be sued for malpractice. They can be disqualified from handling a particular case. They can be...
Ron Minkoff