NYPRR Archive
Category Archive

Anticipating and Responding to Client Perjury

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By Roy Simon [Originally published in NYPRR January 2004] What should you do if your criminal defense client intends to commit perjury, or — worse — has already committed perjury? The New York Code of Professional Responsibility is ambiguous regarding a lawyer’s duties when a client intends to testify falsely, or has already done [&hellip...

SEC & Limited Waiver of Attorney-Client Privilege — Part 2

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By Roy Simon [Originally published in NYPRR December 2003] May one of your corporate clients give government investigators the results of your law firm’s privileged internal investigations into the client’s possible violations of the federal...

Lawyer Need Not Disclose Insurance in Settlement Talks

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By Lazar Emanuel [Originally published in NYPRR December 2003] In Opinion 731 (9/01/03), the Committee on Professional Ethics of the New York County Lawyers’ Association considered whether an inquiring lawyer in settlement negotiations has a duty to...

Improper Fee-Share Agreement Converted into Contingent Fee

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By Lazar Emanuel [Originally published in NYPRR December 2003] In a case involving a fee sharing agreement between present and former counsel which violated DR 2-107 (Division of Fees Among Lawyers), Nassau County Supreme Court Judge Thomas P. Phelan...

Firm’s Opinion Letter Supports Third-Party Malpractice Complaint

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By Lazar Emanuel [Originally published in NYPRR December 2003] In Reich Family LP v. McDermott, Will and Emery [NYLJ 10/29/2003), New York County Supreme Court Justice Sheila Abdus-Salaam considered the circumstances under which a law firm may be...

Clients Need Not Pay Expenses in Federal Class Actions

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By Lazar Emanuel [Originally published in NYPRR December 2003] New York’s DR 5-103(B) provides as follows: A lawyer may advance or guarantee the expenses of litigation, including court costs, expenses of investigation, expenses of medical...

Opinion 2003-2: City Bar Lists Data to Keep to Avoid Client Conflicts — Part 2

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By Lazar Emanuel [Originally published in NYPRR December 2003] [Editor’s note. This is the second of two articles summarizing Formal Opinion 2003-2 of the Association of the Bar of the City of New York dealing with DR 5-105(E), the Rule requiring law...

SEC & Limited Waiver of Attorney-Client Privilege — Part 1

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By Roy Simon [Originally published in NYPRR November 2003] May one of your corporate clients give government investigators the results of your law firm’s privileged internal investigations into the client’s possible violations of the federal...

Lawyers Work Better Using Their Natural Abilities

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By Lazar Emanuel [Originally published in NYPRR November 2003] Several articles I’ve read lately have commented on the need of individual lawyers for the guidance of a coach. One article was by Steven C. Bennett, a partner in the New York office of...

Exceeding Ethical Limits in Conducting Litigation

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By Mary C. Daly [Originally published in NYPRR November 2003] When does a lawyer’s trial conduct exceed ethical limits? Is it unethical to raise your voice to the judge or to opposing counsel? Must you disclose adverse authority if it is certain to...