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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 scrupulous in the representation of profession-al status. A lawyer should not hold himself or herself out...

NYSBA Opinion 827, 11/03/2008

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[Originally published in NYPRR December 2008] NYSBA Opinion 827, 11/03/2008 FACTS: A law firm regularly defends a client in personal injury defense. The client self-insures. The client has hired an outside auditor to monitor its legal expenses. The...

From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

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[Originally published in NYPRR December 2008] The Advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje ) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...

Fixing the Date When the Client Relationship Ends

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By Lazar Emanuel [Originally published in NYPRR December 2008] We all know that the statute of limitations for legal malpractice actions is three years. And now we know — at least, in the First Department — that the only way to be sure that the...

From Advisory Committee on Judicial Ethics: Opinion 08-105 (June 6, 2008)

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[Originally published in NYPRR November 2008] The Advisory Committee on Judicial ethics (www.nycourts.gov/ip/acje) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...

Conflicts in Arbitration Proceedings: Two Recent Federal Cases

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By Roy Simon [Originally published in NYPRR November 2008] Arbitration proceedings are generally conducted out of public view, in private. Consequently, conflicts of interest and other ethics issues that arise during arbitration proceedings remain...

Arbitration of Fee Disputes — Real or Only an Illusion?

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By Lazar Emanuel [Originally published in NYPRR November 2008] Prior to Jan. 1, 2002, the only lawyer/client fee disputes requiring submission to arbitration were disputes in domestic relations matters. Then, on Jan. 1, 2002, Sections 136.1-136.11 of...

Second Look at Secondment Advantageous to All, But Not Without Risk

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By Jeremy R. Feinberg [Originally published in NYPRR November 2008] In an economic environment fraught with client cost-cut-ting and an increased willingness of clients to look to multiple law firms and lawyers for their legal needs, law firm managing...

Searching for the Truth — A Function of the Judiciary?

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By Lazar Emanuel [Originally published in NYPRR October 2008] Editor’s note: The search for facts is a function of the trial court judge, with or without the help of a jury. Appellate Court judges have the benefit of communication with other minds,...

From Advisory Committee on Judicial Ethics: Opinion 08-91 (June 6, 2008)

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[Originally published in NYPRR October 2008] The advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje ) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and...