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Comments Off on States Follow ABA Lead in Promoting MJP
By Lazar Emanuel [Originally published in NYPRR February 2003] A number of developments among the states have accelerated the Bar’s general acceptance of wider multi-jurisdictional practice (MJP). The states are following the lead of the ABA, which, in August 2002, adopted several new rules promoting MJP. [See, Roy Simon, NYPRR Oct. 2002.] The new...
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Comments Off on Speak Not Until Spoken to: An Editorial
By Lazar Emanuel [Originally published in NYPRR February 2003] [Publisher’s Note: The opinions expressed in our Editorials are those of the publisher. NYPRR invites comment from lawyers on issues of Ethics and Professionalism.] We were taught to...
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Comments Off on Personal Representatives: Waiving Attorney-Client Privilege After Death
By Roy Simon [Originally published in NYPRR February 2003] You were the lawyer for a client who is now deceased. Litigation involving the client’s estate has begun and your testimony about your communications with the decedent would be highly...
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Comments Off on Nassau Bar Okay’s Real Estate Closings by Paralegals
By Lazar Emanuel [Originally published in NYPRR February 2003] An ethics opinion of the Nassau Bar has advised that under the general provisions of DR 1-104(C) (requiring a law firm to supervise the work of partners, associates, and non-lawyers who...
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Comments Off on The Last Thing We Need: An Editorial
By Lazar Emanuel [Originally published in NYPRR February 2003] [Publisher’s Note: The opinions expressed in our Editorials are those of the publisher. NYPRR invites comment from lawyers on issues of Ethics and Professionalism.] The last thing in the...
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Comments Off on Counsel’s Stipulation Renders Assistance Ineffective
By Lazar Emanuel [Originally published in NYPRR February 2003] In People v. Berroa [N.Y. No. 151, 11/21/02], the New York Court of Appeals confronted a case of ineffective assistance of counsel under circumstances substantially different from those...
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Comments Off on Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance
By Lazar Emanuel [Originally published in NYPRR February 2003] The Sixth Amendment guarantees that “In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” The courts have construed this...
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Comments Off on Alleging Fraud in Withholding Knowledge of Malpractice
By Lazar Emanuel [Originally published in NYPRR ] Plaintiff Ferdinand sued lawyers Crecca & Blair on account of their services in connection with a landlord/tenant action which resulted in Plaintiff’s eviction from the contested premises. In her...
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Comments Off on N.Y. Courts Adopt Committee Suggestions on Fiduciaries
By Lazar Emanuel [Originally published in NYPRR January 2003] By order of Chief Judge Judith Kaye, the courts have added new Rule 36 to 22 NYCRR. The new Rule is entitled “Appointments By the Court,” and incorporates most of the changes in the...
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Comments Off on Examining ABA Guidelines on Settlement Negotiations
By Ronald C. Minkoff [Originally published in NYPRR January 2003] Those of us who practice the law of lawyering know that applying the Model Rules or the New York Code of Professional Responsibility (N.Y. Code) to the settlement process is often...
Ron Minkoff