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Comments Off on Are Communications with Public Officials Barred by DR 7-104?
By Roy Simon [Originally published in NYPRR July 2008] Over the years, NYPRR has carried many columns about the no-contact rule, codified as DR 7-104 in New York (and as Rule 4.2 in jurisdictions that have adopted the ABA model rules). Articles by me and by others in NYPRR’s pages have addressed such topics [&hellip...
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Comments Off on Restoring Civility to Depositions in an ‘Anything Goes’ World
By Jeremy R. Feinberg [Originally published in NYPRR June 2008] As a young lawyer in private practice, I sought and received advice from as many more seasoned lawyers at my firm as I could find. Of all the advice offered, one nugget that has stayed...
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Comments Off on Law of Spoliation in N.Y.: Three Recent Decisions
By Roy Simon [Originally published in NYPRR June 2008] Twenty-five years ago, few lawyers in New York had heard the word “spoliation.” Today, lawyers grapple with spoliation claims frequently. Since mid-march, for example, New York courts have...
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Comments Off on Who Is My Client? — Vicarious or Accommodation Clients
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...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 07-129 (Sept. 6, 2007)
[Originally published in NYPRR May 2008] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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Comments Off on Conflicts of Interest & ‘Limited Service’ ProBono Programs: New DR 5-101-a
By Roy Simon [Originally published in NYPRR May 2008] On Nov. 9, 2007, effective immediately, the four Presiding Justices of the Appellate Divisions issued a new Disciplinary Rule, §1200.20-a, entitled “Participation in Limited Pro Bono Legal...
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Comments Off on NYSBA Proposed Rules of Professional Conduct — Part IV
By Roy Simon [Originally published in NYPRR April 2008] Editor’s note: This is the fourth in a series of articles by Roy Simon describing and explaining the proposed New York Rules of Professional Conduct. The Rules have been approved by the New York State...
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Comments Off on Judicial Campaign Ethics in New York State
By Laura L. Smith [Originally published in NYPRR April 2008] Jeremy Feinberg’s two-part article on Judicial Ethics in New York State (NYPRR, Sept. & Oct. 2007) introduced readers to the Judicial Campaign Ethics Center and discussed attorney...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 07-188 (Oct. 18, 2007)
[Originally published NYPRR April 2008] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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Comments Off on Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills
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...
Ron Minkoff