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Who Is My Client? — Vicarious or Accommodation Clients

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By Ronald C. Minkoff [Originally published in NYPRR May 2008] When is a “client” not really your client? The answer: When the client is considered a “secondary,” “accommodation,” or “vicarious” client. Though they are often used interchangeably by the courts, these terms actually have different meanings. A “secondary” or...

Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills

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By Jeremy R. Feinberg [Originally published in NYPRR March 2008] If you ask anyone to identify services that lawyers provide for their clients, inevitably, one answer you will hear is “prepare wills.” Indeed, many law students, and even...

Who Is My Client? — The Intermittent Client

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By Ronald C. Minkoff [Originally published in NYPRR February 2008] When is a client no longer a client? This question may seem simple, but it is fraught with peril for lawyers and their firms. The existence of a continuing attorney-client relationship...

State Bar’s Proposed New Rules of Professional Conduct

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By Roy Simon [Originally published in NYPRR January 2008] Editor’s note: This is the first in a series of articles by Roy Simon that will describe and explain the proposed New York Rules of Professional Conduct that have been approved by the New York...

‘Party’ vs. ‘Person’ in DR 7-104(A)

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By Roy Simon [Originally published in NYPRR June 2007] May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....

U.S. Courts v. 50 States — New MJP Issues

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By Ronald C. Minkoff [Originally published in NYPRR May 2007] Now that approximately 35 states have adopted some variation of Model Rule 5.5, and a plethora of case law Birbrower v. Superior Court of California, 17 Cal. 4th 119, 70 Cal. Rptr.2d 304,...

Thumbnail Guide to Amended Advertising Rules

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By Roy Simon [Originally published in NYPRR February 2007] On Jan. 4, 2007, the courts announced extensive amendments to the rules governing lawyer advertising in New York. This article briefly summarizes the new rules, which are effective as of Feb....