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Comments Off on Communicating with In-House Counsel
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR May 2007] Suppose counsel for the plaintiff in a personal injury action against a large municipality concludes that it would be more productive to speak directly to the lawyer who heads the legal division of the department of roads instead of the municipal attorney [&hellip...
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Comments Off on Second Department Interprets Engagement Rule
By Lazar Emanuel [Originally published in NYPRR May 2007] We might have expected that a controversial Rule promulgated by the Appellate Divisions in concert especially one that has received disparate interpretation in the lower courts – would be...
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Comments Off on Looking for Solution to Misuse of Client Funds
By Lazar Emanuel [Originally published in NYPRR April 2007] [Editor’s note: This is the first of a series on misappropriation of client funds by lawyers holding escrow deposits.] Although the number of offending lawyers is small, and the total of...
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Comments Off on Law Firm Partners ─ Employers or Employees?
By Lazar Emanuel [Originally published in NYPRR April 2007] This article discusses the potential impact on the mandatory retirement policies of many law firms of a case which is still wending its way through the federal courts. In 1999 — eight years...
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Comments Off on Amended DR 5-103(B): Advancing & Paying Litigation Expenses
By Roy Simon [Originally published in NYPRR April 2007] A midst all the press and distress about the new and amended lawyer advertising rules that took effect on Feb. 1, 2007, little has been said about a part of the rules package that has no obvious...
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Comments Off on Role of Company Lawyers Who Deal with Auditors
By Lazar Emanuel [Originally published in NYPRR March 2007] This article is the third and last in a series discussing the recommendations of the City Bar Task Force on the Lawyer’s Role in Corporate Governance. The recommendations are contained in a...
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Comments Off on NYSBA Committee Urges End to Mandatory Retirement
By Lazar Emanuel [Originally published in NYPRR March 2007] Who among us does not know personally a number of lawyers in their 70s or 80s who complain bitterly about their forced retirement from a law firm to which they devoted a lifetime of loyalty...
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Comments Off on Must Defense Lawyers Advise Clients About Insurance Coverage?
By Roy Simon [Originally published in NYPRR March 2007] On Dec. 19, 2006, the Second Department conjured up the ghost of an issue that I thought had been laid to rest long ago. In Shaya B. Pacific, LLC v. Wilson Elser Moskowitz Edelman & Dicker,...
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Comments Off on Bona Fide Lawyer Ratings Are Permitted — No Question
By E. Joshua Rosenkranz & Ronald C. Minkoff [Originally published in NYPRR March 2007] [Editor’s note: This article was submitted in response to an article by Lazar Emanuel in NYPRR Feb. 2007.] Last month, the American Lawyer published a list of...
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Comments Off on Thumbnail Guide to Amended Advertising Rules
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....