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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part II
By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or Were Represented by Counsel” (NYLER April 2015), we explained the basic guidelines as to when a lawyer is allowed to directly contact another party [&hellip...
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Comments Off on Recent N.Y. Ethics Opinions: May 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of two ethics opinions issued in January and February 2015. The first was issued by the NYSBA Committee on Professional Ethics, and the second by the NYC Bar Association...
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Comments Off on Need Help with an Ethics Question?
Need help with an ethics question? Two of the most active ethics committees in New York offer hotline assistance. These hotlines are available to attorneys admitted to practice in New York State who have questions about their own prospective conduct under the...
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Comments Off on “Remembering Professor Monroe Freedman”
By Abbe Smith The following remarks were delivered on March 1, 2015, at the Memorial Service for Professor Monroe Freedman. Monroe was my friend, co-author, intellectual life partner, mentor, and member of the family. There is no one like him; he is...
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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part 1
By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler) Lawyers sometimes want to contact a person who is connected with an adverse party or formerly connected with an adverse party in a transaction or litigation....
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Comments Off on “Illegal” Conduct Under Rule 1.2: When Does Advice to a Client Violate an Attorney’s Ethical Obligations?
By Lewis Tesser and Timothy Nolen Many attorneys have experienced situations in which a client has sought advice about proposed actions which “push the legal limit” or are even clearly illegal. How far—if at all—may attorneys go in assisting a client...
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Comments Off on Recent N.Y. Ethics Opinions: April 2015
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of two ethics opinions issued in January and February 2015. The first opinion was issued by the NYSBA Committee on Professional Ethics, and the second by the NYC Bar...
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Comments Off on When the Music Stops: Risk Management & Lateral Lawyer Musical Chairs
By Marian C. Rice What lessons have been learned from the role lateral hiring played in the demise of formerly venerable firms like Dewey, Howery, and Heller Ehrman, to name a few? Have the cautionary tales dampened the enthusiasm for poaching talented...
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Comments Off on Ethical Implications & Best Practices for Use of Email
By Robert A. Barrer Which of the following statements are true? A. Email is a wonderful tool for the successful practice of law. B. Email not only saves time and money, but also allows for prompt communication with clients, colleagues, and opposing counsel....
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Comments Off on Rules Permitting Out-of-State Lawyers to Practice Temporarily in New York: Temporarily Out of Order
By Roy Simon, Distinguished Professor of Legal Ethics Emeritus This is Part 3 of my update on developments in New York’s regulation of lawyers since the death of NYPRR publisher Lazar Emanuel in November 2011. Part 1 reviewed recent amendments to Rules 3.8,...
Ron Minkoff