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Comments Off on Taking Security Interest to Secure Payment of Fees
By Lazar Emanuel [Originally published in NYPRR November 2002] A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The questions are highlighted by two recent developments: (1) On May 31, 2002, [&hellip...
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Comments Off on Specialization Announcement Requires Disclaimer Notice
By Lazar Emanuel [Originally published in NYPRR November 2002] The NYSBA Committee on Professional Ethics has construed the disciplinary rules which apply when a lawyer who has been certified in a particular field of law wishes to announce her...
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Comments Off on Protecting Client Funds When A Lawyer Dies
By Lazar Emanuel [Originally published in NYPRR November 2002] The case of Hynes v. Citibank, NA [Sup. Ct., Queens Cty., Oct. 2002], outlines the procedure to follow when a single practitioner dies leaving undisbursed client funds in his attorney...
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Comments Off on Maryland Disbars N.Y. Lawyer Over Office
By Lazar Emanuel [Originally published in NYPRR November 2002] The Maryland Court of Appeals has disbarred a lawyer admitted in three other jurisdictions but not admitted in Maryland. The Court found that the lawyer had engaged in the unauthorized...
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Comments Off on Lawyer Ordered to Return Unearned Part of Retainer
By Lazar Emanuel [Originally published in NYPRR November 2002] Lawyer Ramirez consulted Lawyer Aidala in connection with a criminal indictment against him for filing false visa applications with the Immigration Service. When the two first met, Lawyer...
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Comments Off on Lawyer Charged with Interest on IOLA Deposit
By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Skidmore represented plaintiff mother and her two children in the sale of a home in which all three had an interest. $84,613.92 of the sales proceeds were the property of the...
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Comments Off on Indiana Court Rejects Jurisdiction Over N.Y. Firm
By Lazar Emanuel [Originally published in NYPRR November 2002] Richards & O’Neil, a New York law firm, represented client Cullman Ventures, Inc., a New York corporation, in the purchase of the stock of Day Dream, Inc., an Indiana corporation. As...
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Comments Off on Checking for Conflicts Under DR 5-105(E)
By Roy Simon [Originally published in NYPRR November 2002] New York is one of the few states that require lawyers to check for conflicts of interest before accepting any new engagement. Yet little has been written about how to comply with the...
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Comments Off on Federal Courts Construe Rule 11 Sanctions Motions
By Lazar Emanuel [Originally published in NYPRR October 2002] Two decisions by judges in the New York federal courts construing Rule 11 of the Federal Rules of Civil Procedure warrant scrutiny. Rule 11(c) permits federal trial judges to impose...
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Comments Off on Don’t Get Burned By Hot Potato Client
By Mary C. Daly [Originally published in NYPRR October 2002] With the downturn in the economy, the pressure on law firms to generate profits has reached a new level of intensity. Some law firms are merging with other firms, hoping that a larger staff...
Ron Minkoff