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Duty to Disclose All Settlement Offers

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Mary C. Daly [Originally published in NYPRR June 2004] Between 95 and 98 percent of all civil cases are settled. Because so much lawyer activity centers around the path to settlement, the conduct of lawyers in negotiating settlements is a matter of grave concern. This article examines two ethical issues that continually perplex and [&hellip...

Court Rulings & Opinions: June 2004

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By Lazar Emanuel [Originally published in NYPRR June 2004] Court Applies Baldi to Appellate Counsel In People v. Stultz [NYLJ, 5/5/2004, p. 19], the Court of Appeals applied to appellate counsel for the first time the same standards of lawyer...

Nassau Bar Rejects Lawyer Role in Arbitration Firm

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By Lazar Emanuel [Originally published in NYPRR May 2004] A lawyer planned to establish and invest in a business whose purpose was consultation with, and representation of, investors in securities-related arbitration proceedings. The other participants...

Lawyer Faces Sanctions for Assertions in Brief

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By Lazar Emanuel [Originally published in NYPRR May 2004] Lawyers who insert intemperate or incendiary language about the opposing client in the briefs they submit to the Appellate Division, Second Department, can expect to be hauled before the court...

Courts Consider Third-Party Malpractice Claims

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By Lazar Emanuel [Originally published in NYPRR May 2004] A number of courts have considered the circumstances under which a lawyer may be liable to non-client third parties for malpractice. In New York, the court upheld a claim against the firm of...

Changing Fee Agreement in Midstream

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By Roy Simon [Originally published in NYPRR May 2004] Suppose your firm begins representing the corporate plaintiff in a commercial dispute on an hourly rate basis. When your firm accepted the matter, you and the client thought the dispute could be...