NYPRR Archive
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Distinguishing Among Past, Continuing & Future Crimes

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By Mary C. Daly [Originally published in NYPRR January 2003] Two different clients visit a lawyer’s office on the same afternoon. Client A tells the lawyer that he’s been desperate for money and has robbed a bank: “I did it last week.” He asks the lawyer to tell him what criminal penalties he is [&hellip...

Assessing Conflicts Issues Within Corporate Family

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By Roy Simon [Originally published in NYPRR January 2003] One of the most difficult tasks in checking for conflicts of interest is detecting conflicts within the corporate family. This article provides some ideas for spotting a corporate family...

‘Partnership’ Accounting Denied to P.C. Member

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By Lazar Emanuel [Originally published in NYPRR December 2002] A lawyer who joins and participates as a member of a law firm organized as a professional corporation may not obtain a “partnership” accounting from the other lawyers in the firm....

Non-Refundable Fees: Pitfalls & Safe Harbors

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By Sarah Diane McShea [Originally published in NYPRR December 2002] Eight years ago, the New York Court of Appeals affirmed a two-year suspension imposed on a lawyer who charged minimum, non-refundable fees to three clients, and then refused to refund...

Joint Responsibility Under DR 2-107(A)

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By Roy Simon [Originally published in NYPRR December 2002] What is the meaning of the phrase “joint responsibility” in DR 2-107(A) of the New York Code of Professional Responsibility, the Rule which controls the division of fees among attorneys in...

Court Rejects Motion to Void Specialization Disclaimer Rule

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By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, attorney J. Michael Hayes (Buffalo, NY) was certified in “Civil Trial Advocacy” by the National Board of Trial Advocacy, an organization accredited by the American Bar...

Avoiding Rule 11 Sanctions By Withdrawing Complaint

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By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, Congress enacted the Private Securities Litigation Reform Act, 15 USCS §78u-4, dealing with private securities litigation. The Act was designed to discourage frivolous complaints...