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Comments Off on Commentary: “Stern v. Bluestone” Decision Troublesome
By Lazar Emanuel [Originally published in NYPRR March 2008] I am troubled by the court’s decision in Stern v. Bluestone (App. Div. 1st Dept., No. 1926 111895/05, 1/31/08). Attorney Stern sued Attorney Bluestone under the federal Telephone Consumer Protection Act (TCPA) of 1991, 47 U.S.C. §227. Stern claimed that Bluestone had violated the Act...
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Comments Off on NYSBA Proposed Rules of Professional Conduct — Part III
By Roy Simon [Originally published in NYPRR March 2008] Editor’s note: This is the third in a series of articles by Roy Simon describing and explaining the proposed New York Rules of Professional Conduct. The Rules were approved by the New York State Bar...
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Comments Off on Who Is My Client? — The Intermittent Client
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...
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Comments Off on NYSBA Proposed Rules of Professional Conduct — Part II
By Roy Simon [Originally published in NYPRR February 2008] Editor’s note: This is the second 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...
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Comments Off on Defining Causation in Transactional Malpractice
By Arthur S. Linker [Originally published in NYPRR February 2008] The New York Court of Appeals repeatedly has held, and recently reaffirmed, that a legal malpractice claim requires proof that but for the attorney s negligence, the plaintiff-client...
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Comments Off on State Bar’s Proposed New Rules of Professional Conduct
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...
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Comments Off on Searching for the Facts in “Lawrence v. Graubard”
By Lazar Emanuel [Originally published in NYPRR January 2008] DR 2-106 [22 NYCRR 1200.11] is the only Rule in the Code dealing specifically with fees for legal services, including contingent fees. The Rule prohibits (1) contingent fees in all criminal...
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Comments Off on Risky Business: Email at Work for Personal Purposes
By Jeremy R. Feinberg [Originally published in NYPRR January 2008] Email is a necessary evil in the office. Although it is essential in the workplace for everyday business transactions, and it certainly aids communications in the course of legal...
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Comments Off on NYSBA Opinion 816: Deposit of Retainer in Lawyer’s Account
[Originally published in NYPRR December 2007] New York State Bar Association — Committee on Professional Ethics: Opinion 816—10/26/07, Code: DR 2-106(C), DR 2-110(A), DR 9-102(A), (C). [Publisher’s note: Footnotes omitted] QUESTIONS: (1) May a...
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Comments Off on New Ethical Considerations on Advertising & Solicitation
By Roy Simon [Originally published in NYPRR December 2007] With much advance fanfare, the Appellate Divisions significantly amended the Disciplinary rules governing lawyer advertising, effective Feb. 1, 2007. The amended DRs are lengthy, complex, and...
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