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What’s in a Name? More than Meets the Eye

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By Lazar Emanuel [Originally published in NYPRR June 2011] Considering that Rule 7.5(b) is a verbatim adoption of the Code’s DR 2-102(B), it’s surprising that a rule that has existed for so many years needs interpretation once again. But two recent NYSBA Ethics Opinions, #850 (1/19/11) and #853 (3/1/11), only weeks apart, raise a [&hellip...

State Bar Amends Comments to Rules (Again)

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By Roy Simon [Originally published in NYPRR March 2011] Two months ago in this publication (NYPRR January 2011), I discussed amendments by the New York State Bar Association to its Comments on the New York Rules of Professional Conduct. My introduction...

When You Refer a Matter to Another Lawyer

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By Lazar Emanuel [Originally published in NYPRR March 2011] John Adams has been your client for many years. You’ve represented him in a variety of matters, including the preparation of his prenuptial agreement with Jane, the purchase of his home, and...

Tribute to Steve Krane

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Note: The August 2010 issue of NYPRR is dedicated to the memory of Steven C. Krane, General Counsel of Proskauer Rose, LLP. Steve served us all in many roles — as law clerk to Chief Judge Judith S. Kaye, as the youngest President of the New York State Bar...

Whom Does a Corporation’s Attorney Represent?

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By Roy Simon [Originally published in NYPRR January 2010] When an attorney represents an entity, does the attorney also represent others? For example, does the attorney represent shareholders? Sister and subsidiary corporations? Officers? Limited...

What I Need to Learn in Law School — Lessons in Ethics

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By Jeremy R. Feinberg & Laura Smith [Originally published in NYPRR September 2009] As thousands of aspiring lawyers enter law school this month, we decided to depart from our usual NYPRR contributions on the ethics of lawyers and judges, and...

Who May Use the Title ‘Partner’?

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By Roy Simon [Originally published in NYPRR December 2008] New York’s Ethical Consideration 2-12 (as renumbered in November 2007) states: “In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be...

Undeniably Important — Pro Bono Work Made Easier By Recent Ethics Developments

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By Jeremy R. Feinberg [Originally published in NYPRR September 2008] The words “pro bono publico,” a Latin phrase meaning “for the public good,” is one expression that all attorneys and many clients know. In the practice of law, the public good...

Wrong Plaintiff? Wrong Defendant? Beware a Motion for Sanctions

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By Lazar Emanuel [Originally published in NYPRR August 2008] Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has “standing” to sue this defendant. In an action to recover...

Who Controls Disbarred Lawyer’s Trust Account? — Proposed Amendments to DR 9-102(G)

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By Roy Simon [Originally published in NYPRR August 2008] This column is about a Disciplinary Rule that you and your law firm have probably never encountered but that profoundly affects the public image of the legal profession. It is about DR 9-102(G),...