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Comments Off on Recent N.Y. Ethics Opinions: February 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued October and December 2015. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions issued by these and other...
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Comments Off on Miracle on Eagle Street: New York’s Temporary Practice Rule
By Ronald C. Minkoff To many in the New York professional responsibility community, it seemed like a Christmas miracle. For more than 15 years, the New York State Bar Association and legal ethics experts have implored the Office of Court Administration, the...
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Comments Off on Does N.Y. Judiciary Law §487 Apply to Arbitrations?
By Ronald C. Minkoff and Tyler Maulsby An attorney violates Section 487 of the N.Y. Judiciary Law (Section 487) when she or he “is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or any party…”...
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Comments Off on Recent N.Y. Ethics Opinions: January 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued July and August 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics...
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Comments Off on New York’s Catch-All Rule: Is It Needed? Part 2
By Hal R. Lieberman and Harvey Prager Last month we began our exploration of NYRPC 8.4(h), which prohibits a lawyer from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.” We discussed the origins of this...
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Comments Off on Dividing a Fee with a Per Diem Lawyer
By Richard M. Maltz There is no ethical duty for a law firm to disclose to a client the difference between an associate’s billing rate and the hourly cost of the associate to the firm. In contrast, a law firm (“Hiring Firm”) that utilizes a per diem...
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Comments Off on Recent N.Y. Ethics Opinions: November 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued June, July, and September 2015. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on...
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Comments Off on New York’s Catch-All Rule: Is It Needed? Part 1
By Hal R. Lieberman and Harvey Prager New York is one of only five states where the Rules of Professional Conduct prohibit a lawyer, without more, from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer” — the...
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Comments Off on #Ethics: Confronting Risks of Social Media Use
By Danielle J. McCall & Saul Wilensky Once dismissed as just another passing trend or juvenile craze, social media is now a fixture in every aspect of modern life. The ABA’s 2014 Legal Technology Survey of more than 850 American attorneys suggests that...
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Comments Off on Recent N.Y. Ethics Opinions: October 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued during June 2015. The opinions were issued by the NYSBA Committee on Professional Ethics. NYLER will continue to provide updates on new ethics opinions...
Ron Minkoff