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Indigent Defense — A System in Crisis

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By Lazar Emanuel [Originally published in NYPRR November 2006]   The verdict is in. The Spangenberg Group, specialists in assessing indigent defense systems for many states and organizations, has submitted its report to Chief Judge Kaye’s Commission on the Future of Indigent Defense Services. The verdict…? New York’s indigent defense system is in...

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Dodging Trigger-Happy Legal Malpractice Plaintiffs

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By Roy Simon [Originally published in NYPRR November 2006]   Many legal malpractice cases have been in the legal newspapers lately. In two high-profile cases, one in federal court and one in state court, the plaintiffs asserting malpractice lost on...

Commentary: Lawyer Advertising — A Simpler Way

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By Lazar Emanuel [Originally published in NYPRR November 2006]   We offer our contribution to the stream of comments which have undoubtedly been directed to the Presiding Justices of the Appellate Divisions on the proposed new rules governing lawyer...

Indigent Defense in N.Y. — A System in Crisis: Part 1

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By Lazar Emanuel [Originally published in NYPRR October 2006]   (This is the first of a series of articles on the condition of New York’s system for providing counsel to indigent defendants.) In February 2004, Chief Judge Judith S. Kaye appointed a...

Advance Conflict Waivers in New York — Part 2

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By Roy Simon [Originally published in NYPRR October 2006]   Last month in NYPRR (Sept. 2006), in Part 1 of this article, I discussed New York judicial opinions and bar association ethics opinions regarding the validity of advance conflict waivers. To...

Advance Conflict Waivers in New York —Part 1

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By Roy Simon [Originally published in NYPRR September 2006]   Suppose your law firm represents a number of health insurers and has earned a strong reputation in the health law field. Because of this strong reputation, you get a call from a major hospital...

Second Battle of Trenton: The ‘Super’ & the ‘Best’

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By Lazar Emanuel [Originally published in NYPRR September 2006]   As we write, the battle lines are being drawn for the Second Battle of Trenton. (See below for “A History: The Battle of Trenton.”) On one side — the Committee on Attorney...

Due Diligence, Fiduciary Duties & Disqualification

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By Roy Simon [Originally published in NYPRR August 2006]   Last November 2005, the head of litigation at a major Wall Street law firm was talking about new developments in the field of legal ethics. “What do you think of Judge Gammerman’s decision...

Courts Propose New Curbs on Lawyer Advertising

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By Lazar Emanuel [Originally published in NYPRR August 2006]   The four Presiding Justices of the Appellate Division have approved for public comment extensive revisions to those provisions of the New York Code dealing with lawyer advertising and the...

Judges Propose Changes in Advertising Rules

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By Lazar Emanuel [Originally published in NYPRR July 2006]   The four Presiding Justices of the Appellate Divisions have issued their proposals for extensive changes in the Disciplinary Rules governing lawyer advertising and lawyer solicitations of...