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Comments Off on City Bar Reverses Stand on Adverse Client Contact
By Lazar Emanuel [Originally published in NYPRR October 2002] Reversing a position taken more than 10 years ago [New York City Formal Op. 1991–92], the Ethics Committee of the City Bar has decided that a lawyer may assist a client to communicate directly with an adverse party so long as the client conceives or [&hellip...
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Comments Off on ABA’s Multiple Actions on Multijurisdictional Practice
By Roy Simon [Originally published in NYPRR October 2002] For the legal ethics field, Summer 2002 was one of the most significant on record. The three weeks ending Aug. 15, 2002 saw no less than six major developments. In late July, Congress passed and...
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Comments Off on Supreme Court Strikes Limits on Speech by Judicial Candidates
By Lazar Emanuel [Originally published in NYPRR September 2002] In a decision with wide impact on future judicial electoral campaigns, the Supreme Court has struck down as a violation of free speech all rules limiting the expression of views by...
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Comments Off on Pecuniary Damages Rule Applied to Malpractice in Criminal Cases
By Lazar Emanuel [Originally published in NYPRR September 2002] In Wolkstein v. Morgenstern [713 N.Y.S.2d 171 (App. Div. 1st Dept. 2000)], the First Department promulgated a simple and clear rule in all civil cases: Except in cases of conduct “so...
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Comments Off on Rules for Lawyers Practicing Before SEC
By Roy Simon [Originally published in NYPRR September 2002] When I was a first year law student at NYU in 1974, one of the first law review articles I read was Frederick D. Lipman’s The SEC’s Reluctant Police Force: A New Role for Lawyers, 49 NYU...
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Comments Off on Lawyers in Social Security Cases May Recover Contingent Fees
By Lazar Emanuel [Originally published in NYPRR September 2002] Traditionally, lawyers representing clients on social security claims have relied on contingent fee agreements providing for fees equal to 25 percent of past-due benefits recovered. In an...
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Comments Off on Automatic Disbarment for Felony Convictions: Time to Rethink Old Rule?
By Sarah Diane McShea [Originally published in NYPRR September 2002] For more than a century, New York has adhered to the strict rule that lawyers convicted of felony offenses should not be permitted to continue as members of the bar. A lawyer...
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Comments Off on New Jersey’s Hostile Attitude Toward New York Lawyers
By Roy Simon [Originally published in NYPRR August 2002] Based on the final report and recommendations of the ABA Commission on Multijurisdictional Practice, many lawyers are optimistic that they will soon be able to practice more freely across state...
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Comments Off on Felonies & Serious Crimes in Lawyer Discipline
By Lazar Emanuel [Originally published in NYPRR August 2002] The rules governing the commission of crimes by New York lawyers and the resulting scope of discipline by the courts require research in several places, including the New York Code of...
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Comments Off on Disposing of Escrow Funds Belonging to Missing Client
By Lazar Emanuel [Originally published in NYPRR August 2002] What are a lawyer’s obligations in either of the following circumstances? Example One: A law firm recovered a judgment in behalf of its client. The judgment provided for payment in annual...
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