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Uncertain Legacy of “Wieder v. Skala”

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By Ronald C. Minkoff [Originally published in NYPRR March 2004] Twelve years ago, when the Court of Appeals decided Wieder v. Skala [80 N.Y.2d 628, 593 N.Y.S.2d 752 (1992)], it seemed like the dawn of a new age. Combining contract and legal ethics principles, the Court eschewed New York’s venerable “termination at will’ doctrine [&hellip...

Town Attorney May Not Act As Defense Counsel

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By Lazar Emanuel [Originally published in NYPRR March 2004] The case involved defense counsel for two defendants in separate proceedings in village court. The village is located entirely within the limits of the town represented by defense counsel as...

Should New York Adopt ABA Model Rules?

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By Roy Simon [Originally published in NYPRR March 2004] For the last year, the New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been reviewing and revising the New York Code of Professional Responsibility. The...

Attorney May Assign His Interest in Contingency Fee

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By Lazar Emanuel [Originally published in NYPRR March 2004] Attorneys Cousins and Rosenberg entered into a retainer agreement with the wife of decedent in an action for medical malpractice and wrongful death against various doctors and North Shore...

State Bar Committee Proposes Four New Ethics Rules

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By Lazar Emanuel [Originally published in NYPRR February 2004] The New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been engaged in a comprehensive review of the New York Code of Professional Responsibility...

Court Disqualifies Firm for Former-Client Conflict

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By Mary C. Daly [Originally published in NYPRR February 2004] The year 2004 starts off auspiciously for your law firm. Two existing clients and one new one express a strong interest in engaging the firm in separate new matters. While each of the new...

Three Decisions of Interest

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By Lazar Emanuel [Originally published in NYPRR February 2004] Business Corp. Law §1505(a) Applies to Lawyer in P.C. The law firm of Jeffrey S. Dweck is organized as a P.C. Jeffrey S. Dweck is a shareholder in the P.C. The law firm agreed to act as...

2003 Review: Three Important NYSBA Ethics Opinions

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By Roy Simon [Originally published in NYPRR February 2004] Now that the books are closed on 2003, we can step back and consider which ethics opinions are likely to have the greatest impact on the practice of law in New York in the coming years. In this...

Threatening Criminal Charges to Obtain Civil Advantage

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By Lazar Emanuel [Originally published in NYPRR January 2004] In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third...

Per Diem Lawyers Subject to Sanctions for Missing Court Appearances

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By Sarah Diane McShea [Originally published in NYPRR January 2004] A lawyer who fails to appear for a scheduled court appearance faces civil sanctions if the lawyer’s failure to appear is without “good cause.” [22 NYCRR §130-2.1.] Nearly a...