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Arbitration Clause in Engagement Letter Violates Public Policy

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By Lazar Emanuel [Originally published in NYPRR February 2006] In Larrison v. Scarola Reavis & Parent LLP (Sup. Ct., N.Y. Cty., NYLJ, Dec. 29, 2005), Justice Zweibel prevented a law firm (SRP) from resolving a fee dispute in binding arbitration before the American Arbitration Association on the grounds that the arbitration provision in the...

Major Differences Between COSAC Proposals & Current N.Y. Lawyer’s Code of Professional Responsibility (Pt. 2)

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[Originally published in NYPRR January 2006] [Editor’s Note: The Dec. 2005 issue of NYPRR contained COSAC’s proposals for changes in Model Rule 1. This issue contains the proposed changes in Model Rule 2 and Model Rule 3.] Executive Summary of...

Consultation with In-House Ethics Counsel Does Not Create Conflict with Client

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By Lazar Emanuel [Originally published in NYPRR January 2006] When a law firm is confronted with a legal or ethical issue involving its representation of a client, it has two viable alternatives: it can either turn to a lawyer or a committee of lawyers...

Confidential Disciplinary Proceedings & First Amendment — Part 2

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By Roy Simon [Originally published in NYPRR January 2006] Last month (NYPRR Dec. 2005), I discussed New York Judiciary Law §90(10), which mandates (with narrow exceptions) that all disciplinary proceedings against lawyers remain confidential (i.e.,...

NYSBA Sponsors Radio Ad on Lawyer Advertising

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By Lazar Emanuel [Originally published in NYPRR December 2005] The NYSBA has unveiled a new radio campaign addressing three important law-related issues: the misconception that more lawsuits are being filed than ever before; the importance of our...

COSAC Recommends Adoption of ABA Model Rules Format

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By Lazar Emanuel [Originally published in NYPRR December 2005] [Author’s note: All the quotations in this article were taken from the Introduction to the COSAC report. Future issues of NYPRR will contain articles about the specific recommendations of...

Confidential Disciplinary Proceedings & First Amendment — Part 1

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By Roy Simon [Originally published in NYPRR December 2005] Disciplinary charges in more than three dozen states become public at some point before discipline is imposed, but in New York, except in the rare case where an accused attorney waives...

Threatening to File Grievance Against Opposing Counsel

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By Roy Simon [Originally published in NYPRR November 2005] May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...

Extending Government’s Attorney-Client Privilege

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By Ronald C. Minkoff [Originally published in NYPRR November 2005] No one disputes that officials at government agencies may invoke the attorney-client privilege in response to subpoenas by private parties to avoid disclosing communications they have...

City Bar Issues Opinion on ‘Thrust Upon’ Conflicts

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By Lazar Emanuel [Originally published in NYPRR October 2005] Most conflicts of interest can be resolved or avoided by a lawyer before problems occur if the lawyer recognizes and analyzes a potential conflict between a prospective client and a current...