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Comments Off on NYSBA Ethics Committee Opinions 778, 779/2004
By Lazar Emanuel [Originally published in NYPRR December 2004] Opinion 779 (11/05/04): Purchasing Leads from a National Marketing Firm The NYSBA Committee on Professional Ethics considered the relationship between a lawyer and a national marketing service (Marketer) which provides customers with help in federal income tax reduction. Marketer...
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Comments Off on Can You Appeal Adverse Privilege Rulings in Discovery?
By Roy Simon [Originally published in NYPRR December 2004] Preserving the attorney client privilege and work product protection is one of the most important tasks you must perform during discovery. Preserving privileges is not just strategically wise;...
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Comments Off on Patenting Legal Methods: Patently Unethical?
By Roy Simon [Originally published in NYPRR November 2004] An article in the Wall Street Journal reported that some lawyers had applied for patents on complex estate planning techniques. [See, Rachel Emma Silverman, “The Patented Tax Shelter,” Wall...
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Comments Off on Second Department Issues Report on Admissions & Discipline
By Lazar Emanuel [Originally published in NYPRR November 2004] A committee of 30 judges, lawyers, academicians, and laypersons chaired by Justice Gabriel M. Krausman, Appellate Division, Second Department, has issued its Report and Recommendations on...
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Comments Off on Wrongful Discharge Supports Claim in Quantum Meruit
By Lazar Emanuel [Originally published in NYPRR October 2004] Adhering to a decision by the Court of Appeals in Pain Services P.C. v. Quadrino & Schwartz [370 F.3d 259 (2d Cir. 2004)], Judge Shira Scheindlin has confirmed the right of a lawyer who...
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Comments Off on Protecting Rights of Non-English Speakers
By Lazar Emanuel [Originally published in NYPRR October 2004] Under the Supreme Court’s decision in Anders v. California [386 U.S. 738 (1967)], court appointed appellate counsel may ask the court for leave to withdraw “if counsel is convinced,...
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Comments Off on No Adverse Inference from Invocation of Privilege
By Lazar Emanuel [Originally published in NYPRR October 2004] Roy Simon’s article “Privilege and Adverse Inferences in Patent Infringement Litigation” [see, NYPRR June 2004], centered on Knorr-Bremse Systeme Fuer Nutzfarzeuge GMHB v. Dana Corp.,...
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Comments Off on Lawyer with Minimal Involvement Sued in Malpractice
By Lazar Emanuel [Originally published in NYPRR October 2004] How involved in a matter does one lawyer in a firm have to become to subject himself to potential liability in malpractice. This question was fundamental to the case of Ocean Ships, Inc. v....
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Comments Off on Depositions of Opposing Counsel: Developing Law — Part 2
By Roy Simon [Originally published in NYPRR October 2004] [Editor’s Note: This a two-part article. Part 1 appeared in NYPRR September 2004.] If the opposing party wants to take your deposition, may it do so? Last month, I discussed the history of...
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Comments Off on When Is Law Firm a Debt Collector?
By Lazar Emanuel [Originally published in NYPRR September 2004] When is a law firm deemed a “debt collector” under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. 1692 et seq.? This question was answered by the Court of Appeals for the...
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