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Comments Off on When Prospective Clients Raise Conflicts of Interest
By Roy Simon [Originally published in NYPRR May 2003] When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you personally may not oppose the Prospect, may another lawyer in your firm [&hellip...
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Comments Off on Unbundling of Services & Practice of Law
By Lazar Emanuel [Originally published in NYPRR May 2003] Two trends in the practice of law are gathering speed simultaneously but independently. Eventually, they will affect each other in ways that no one can now anticipate. The first trend, born of...
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Comments Off on Researching Ethics Issues — List of General Sources
By Mary C. Daly [Originally published in NYPRR May 2003] In the March 2003 issue of NYPRR, I discussed those research sources which deal essentially with ethics issues falling under the New York Code of Professional Responsibility and New York statutes...
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Comments Off on Lawyer’s Private Misconduct Can Lead to Suspension
By Lazar Emanuel [Originally published in NYPRR May 2003] The New York Code of Professional Responsibility anticipates that a lawyer will be held “to the highest standards of ethical conduct” in the management of his private affairs, as well as in...
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Comments Off on How Nonlawyers Can Create Conflicts for Lawyers
By Roy Simon [Originally published in NYPRR April 2003] Does your law firm check for conflicts of interest when it hires secretaries and paralegals? It should, because non-lawyers can create conflicts for lawyers. This article explains how. The basic...
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Comments Off on Court Strikes Key Provisions of N.Y. Judicial Conduct Code
By Lazar Emanuel [Originally published in NYPRR April 2003] The decision of Federal District Judge David N. Hurd (Northern District, NY) in Spargo v. New York State Commission on Judicial Conduct [New York Law Journal, 2/26/2003] has received extensive...
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Comments Off on Second Circuit Orders Discovery on Debt Collection Practices
By Lazar Emanuel [Originally published in NYPRR April 2003] Lawyers who commit all or a substantial part of their law practice to debt collection for clients with a stream of customer claims should be careful to study and comply with the provisions of...
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Comments Off on What Do You Mean, I Don’t Get Paid? Fee Forfeiture in New York
By Ronald C. Minkoff [Originally published in NYPRR March 2003] Lawyers who are guilty of professional misconduct have much to worry about. They can be sued for malpractice. They can be disqualified from handling a particular case. They can be...
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Comments Off on Researching Ethics Issues — List of Sources
By Mary C. Daly [Originally published in NYPRR March 2003] The law governing lawyers has grown exponentially more complex over the past decade. As a practical matter, lawyers must devote more time and effort to policing their own conduct and the...
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Comments Off on Proposed SEC Standards — Round 2 for SEC Bar
By Roy Simon [Originally published in NYPRR March 2003] On Nov. 21, 2002, to comply with the Congressional mandate in §307 of the Sarbanes-Oxley Act of 2002, the SEC issued proposed Standards of Professional Conduct for Attorneys. Among other things,...
Ron Minkoff