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Comments Off on Chief Justice Rehnquist & Attorney-Client Privilege
By Roy Simon [Originally published in NYPRR October 2005] During Chief Justice Rehnquist’s 33 years on the U.S. Supreme Court (1972–2005), the Supreme Court decided at least two dozen important cases regarding the regulation of lawyers. (I am counting cases typically discussed or reprinted in legal ethics casebooks used in law school courses on...
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Comments Off on ABA Committee Reports on Pro Bono Services
By Lazar Emanuel [Originally published in NYPRR October 2005] In a major study conducted over a one-year period among 1,100 lawyers nationwide, the ABA’s Standing Committee on Pro Bono and Public Service has studied and reported on the amount of pro...
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Comments Off on Reporting Your Adversary’s Misconduct During Litigation
By Roy Simon [Originally published in NYPRR September 2005] A question that often arises is whether a lawyer is obligated to report an opposing lawyer who engages in misconduct during litigation. As with many questions that seem simple at first blush,...
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Comments Off on NYCLA Issues Opinion on Disclosure of Malpractice Coverage
By Lazar Emanuel [Originally published in NYPRR September 2005] The Committee on Professional Ethics of the New York County Lawyers Association has issued Formal Opinion No. 734 dealing with the general issue of a lawyer’s obligation to disclose...
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Comments Off on New Jersey Follows New York on Choice of Domain Names
By Lazar Emanuel [Originally published in NYPRR September 2005] The New Jersey Committee on Attorney Advertising has agreed with New York City Ethics Opinion 2003-1 that a law firm may use a domain name for its website that does not include or embody...
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Comments Off on Second Department Adopts New Disciplinary Procedures
By Lazar Emanuel [Originally published in NYPRR September 2005] Following many of the recommendations of the Krausman Committee (NYPRR, Nov. 2004), the Appellate Division, Second Department has adopted a number of “significant procedural and...
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Comments Off on Ineffective Assistance of Counsel — Failure to Review Prior Conviction File
By Lazar Emanuel [Originally published in NYPRR August 2005] The months of May and June 2005 saw a number of state and federal cases dealing with ineffective assistance of counsel in criminal cases. The flow of cases culminated with Rompilla v. Beard,...
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Comments Off on Screens & Conflicts in Second Circuit
By Roy Simon [Originally published in NYPRR August 2005] Last month’s column (NYPRR July 2005) focused on a new Second Circuit case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005) (Leval, J.),...
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Comments Off on Lawyer Suspended for Releasing Escrow Funds
By Lazar Emanuel [Originally published in NYPRR August 2005] The Second Department suspended a lawyer in the Ninth Judicial District for conduct related to an escrow deposit under a real estate contract. [Matter of John A. Tartaglia, NYLJ, July 5,...
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Comments Off on Paying Litigation Expenses for Litigation Service Providers
By Lazar Emanuel [Originally published in NYPRR July 2005] Every lawyer knows the basic rule, embodied in DR 5-103, that the expenses of litigation must be paid by the client. DR 5-103(B)(1) permits a lawyer to advance or guarantee the expenses,...
Ron Minkoff