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Comments Off on City Bar Nixes Lawyer Taping
By Sarah Diane McShea [Originally published in NYPRR August 2003] That golden age, when law was practiced gently, with gentility, and by ladies and gentlemen, beckons like a childhood fantasy. Oh, that we might represent our clients in that wonderful era when witnesses told the truth without preparation or prompting, litigants asserted only...
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Comments Off on ‘But For’ Standard in Transactional Malpractice
By Roy Simon [Originally published in NYPRR August 2003] Transactional lawyers across the country recently had a close shave. The close shave came in a California legal malpractice suit against Williams & Connolly and its partner Charles Sweet. The...
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Comments Off on Shoals to Avoid When Paying Potential Witnesses
By Mary C. Daly [Originally published in NYPRR July 2003] The Beatles sang, “I get by with a little help from my friends.” But the Beatles weren’t lawyers. Some forms of help are ethically perilous for lawyers, especially if they involve paying...
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Comments Off on Malpractice Insurer Avoids Liability on Lawyer’s Policy
By Lazar Emanuel [Originally published in NYPRR July 2003] In Chicago Insurance v. Kreitzer & Vogelman, [NYLJ, 6/12/2003], Southern District Senior Judge Robert W. Sweet upheld the right of a legal malpractice insurer to rescind a policy for...
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Comments Off on Attorney-Client Privilege & Public Relations Firms
By Roy Simon [Originally published in NYPRR July 2003] When a corporation (or individual) learns that it is being investigated by the government, its first call is likely to be to a lawyer — and the lawyer’s first call may well be to a public...
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Comments Off on Senate Committee Would Felonize Hiring of Runners
By Lazar Emanuel [Originally published in NYPRR June 2003] Lawyers are forbidden both by the Judiciary Law and the Code of Professional Responsibility from employing anyone to solicit legal business or any agreement for the performance of legal...
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Comments Off on Lawyer Liability to Non-Clients for Negligence in Transactions
By Roy Simon [Originally published in NYPRR June 2003] When is a lawyer or law firm liable to a non-client for the lawyer’s negligence in a transaction? This article reviews cases relevant to answering that question in New York, and looks briefly at...
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Comments Off on Court Permits Firm to Oppose Current Client
By Lazar Emanuel [Originally published in NYPRR June 2003] In a case with a somewhat unusual factual background, U.S. District Court Judge Lewis A. Kaplan has denied a motion to disqualify a law firm which participated in an action against a current...
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Comments Off on Court to Law Firm: No Letter of Engagement, No Fee
By Lazar Emanuel [Originally published in NYPRR June 2003] Describing his decision as the first he could find construing the new provisions of 22 NYCRR 1215.1 and 1215.2, Judge Pardes of the Nassau County District Court has denied a claim for legal...
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Comments Off on Cases of Interest: Lawyers on the Firing Line
By Sarah D. McShea [Originally published in NYPRR June 2003] Lawyers practicing in the ethics and professional liability fields know that courts are increasingly likely to hold lawyers and law firms accountable to their clients, third parties and...
Ron Minkoff