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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 legal malpractice actions — you’ll want to read the Third Department’s decision in Aaron...

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...

The British Are Coming — Who’s Your Real Competition?

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By Roy Simon [Originally published in NYPRR May 2000] “History,” a fellow law professor quipped, “is strewn with the corpses of people who said, ‘Technology will never replace me.’” Take seriously the advice implicit in that observation....

Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer

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By Lazar Emanuel [Originally published in NYPRR April 2000] What happens when a solo practitioner dies leaving no immediate family and no personal estate requiring administration? What if his landlord is threatening to destroy his files? Who is...

When Merging Firms Should Notify Clients

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By Lazar Emanuel [Originally published in NYPRR February 2000] The current urge to merge is nowhere more pervasive than in the legal profession. The merger of two law firms can be especially traumatic to clients who are suddenly confronted with changes...

Undercover Investigators & Disciplinary Rules

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By Roy Simon [Originally published in NYPRR January 2000] Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...

Who Is Your Client in Small Business Matters?

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By Roy Simon [Originally published in NYPRR December 1999] When you are handling matters for a small corporation, who is your client? This is not a trick question. You should know the answer. As DR 5-109(A) states: When a lawyer employed or retained by...

Spoliation of Evidence: What Are Ethics Issues?

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By Barbara S. Gillers [Originally published in NYPRR November 1999] What do you tell a client who wants to destroy documents or other real evidence? What if preserving the evidence could harm the client in the event of a lawsuit but no lawsuit is...

Who Controls Your Trust Account? Your Client or His Creditor?

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By Roy Simon [Originally published in NYPRR October 1999] I staff the Nassau Bar Ethics Hotline, and several lawyers a week call to ask ethics questions. A question that arises often is the degree to which a client can control the funds in an...

Transactions with Client: Reviewing the No-Nos

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By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...