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Comments Off on How to Avoid Disqualification in a Multi-Firm Beauty Contest
By Lazar Emanuel [Originally published in NYPRR July 2006] In the increasingly competitive world in which law firms contend for business by submitting to beauty contests, the City Bar’s Committee on Professional and Judicial Ethics has offered a number of suggestions for avoiding the consequences inherent in an interview between a law firm and...
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Comments Off on Final Conflicts Exam: There’s a Will, But Is There a Way?
By Roy Simon [Originally published in NYPRR July 2006] Each year in my course on the Ethics and Economics of Law Practice, I test my students on conflicts of interest. Here is my Spring 2006 final exam question on conflicts: FACTS [1] You have a legal...
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Comments Off on Lawyer Starting Debt Action Is Debt Collector Under FDCPA
By Lazar Emanuel [Originally published in NYPRR June 2006] In a matter of first impression in the Second Circuit, the Court of Appeals has found that the commencement of a suit to recover unpaid rent represents an “initial communication” within the...
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Comments Off on Civility & Professional Ethics — Part 1 & 2
By Judge John L. Kane Jr. [Originally published in NYPRR June & July 2006] [Editor’s Note: John L. Kane Jr. is a Judge of the U. S. District Court for the District of Colorado. He was nominated for the Court by President Jimmy Carter. The...
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Comments Off on Associate At-Will Exception Extended to DR 1-102
By Lazar Emanuel [Originally published in NYPRR June 2006] In the recent case of Connolly v. Napoli, Kaiser & Bern, Sup. Ct. NY Cty., No. 105224/05 (4/4/06), Justice Ronald T. Acosta extended the right of an at-will law firm associate to sue in...
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Comments Off on Accepting Legal Fees from Client’s Employer
By Roy Simon [Originally published in NYPRR June 2006] If a company under investigation retains you to represent an employee who is asked to cooperate in an internal investigation, what should you disclose to the employee regarding the scope of your...
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Comments Off on Legal Malpractice & Breach of Fiduciary Duty — Part II
By Roy Simon [Originally published in NYPRR May 2006] Last month’s article (NYPRR April 2006) asked whether courts should permit clients to pursue parallel claims for both legal malpractice and breach of fiduciary duty if the breach of fiduciary duty...
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Comments Off on ABCNY Opinion Defines Conditions for Advance Waivers
By Lazar Emanuel [Originally published in NYPRR May 2006] Two fairly recent but accelerating developments in the practice of law have prompted the ethics committee of the City Bar to review the conditions under which a law firm may “ethically request...
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Comments Off on ABA Opinion 06-438: Aggregate Settlements Require Detailed Disclosures
By Lazar Emanuel [Originally published in NYPRR May 2006] As the recommendation of COSAC that New York adopt the format of the ABA Model Rules moves closer to reality (the recommendation was endorsed by the NYSBA House of Delegates on April 1, 2006),...
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Comments Off on Prisoner’s Notes Protected By Attorney-Client Privilege
By Lazar Emanuel [Originally published in NYPRR April 2006] In a per curiam decision, the U.S. Court of Appeals for the Second Circuit has confirmed the right of a prison inmate to assert the attorney-client privilege with respect to entries in a...
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