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Law Clerk Ethics in New York State

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By Jeremy R. Feinberg [Originally published in NYPRR December 2007] Readers of the recent two-part “Judicial Ethics in New York State” articles (NYPRR, Aug. and Sept. 2007) may be curious what ethics rules govern the conduct of judges’ law clerks in New York State. The answer is not simple — depending on the role [&hellip...

Shining a Brighter Light on the ‘Lodestar’

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By Lazar Emanuel [Originally published in NYPRR November 2007] Courts are often confronted with the challenge of determining a reasonable fee for lawyers involved in litigation. In interpreting what has become known as the “Lodestar” method, which...

Litigation Over Lawyer Ratings Continues in N.Y. & N.J.

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By Lazar Emanuel [Originally published in NYPRR November 2007] Still unresolved in both New York and New Jersey is the issue of lawyer ratings by such organizations as Martin-Dale-Hubbell, Super Lawyers, and Best Lawyers. Several new rating services...

Last Word on High-Low Agreements

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By Lazar Emanuel [Originally published in NYPRR November 2007] Since the decision of the Court of Appeals on June 27, 2007, in Matter of Eighth Judicial District Asbestos Litigation (Asbestos), dealing with high-low agreements, an unusual number of...

Corporate Family Conflicts: City Bar Speaks

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By Roy Simon [Originally published in NYPRR November 2007] In a recent opinion, N.Y. City 2007-3, the New York City Bar’s Committee on Professional and Judicial Ethics asked a very simple question: “May a law firm accept a representation that is...

Recent Ethics Opinions on Unauthorized Practice of Law

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By Roy Simon [Originally published in NYPRR October 2007] In my experience, most law firms seldom worry about issues relating to the unauthorized practice of law. Once in a blue moon, a “lawyer” at a firm turns out not to be admitted to the bar (as...

N.Y. Associate May Manage N.Y. Office for N.J. Partner

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By Lazar Emanuel [Originally published in NYPRR October 2007] In Ethics Opinion 814, issued May 15, 2007, the NYSBA considered the following facts: A law firm with an office in New Jersey supervised by a partner of the firm wishes to open an office in...

Judicial Ethics in New York State — Part 2

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By Jeremy R. Feinberg [Originally published in NYPRR October 2007] In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of...

Permissible Silence or Impermissible Deceit

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By Brad Rudin & Betsy Hutchings [Originally published in NYPRR September 2007] In a recent murder case in Nassau County, the prosecution withheld from the defense the fact that it had an eyewitness to the murder, after it had apparently encouraged...

Judicial Ethics in New York State — Part 1

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By Jeremy R. Feinberg [Originally published in NYPRR September 2007] Regular readers of NYPRR are well aware of the New York Code of Professional Responsibility, which governs attorneys’ professional conduct, and of the risk of discipline for...