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Comments Off on Ninth Circuit in Conflict with Fifth Circuit Over IOLTA
By Lazar Emanuel [Originally published in NYPRR January 2002] In an en banc decision on rehearing, the Court of Appeals for the Ninth Circuit has reached a decision affecting the IOLTA program of the State of Washington which is directly contra to the Fifth Circuit’s decision in October involving a similar IOLTA program in [&hellip...
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Comments Off on Imputed Conflicts Under New DR 1-107
By Roy Simon [Originally published in NYPRR January 2002] My article in NYPRR December 2001, covered imputed conflicts of interest under DR 1-106, which governs a law firm’s direct or indirect provision of legal services to its clients and to the...
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Comments Off on Commission Urges Changes in Multijurisdictional Practice Rules
[Originally published in NYPRR January 2002] The ABA Commission on Multijurisdictional Practice has issued an interim report which recommends retention of the present system for state judicial licensing and regulation of lawyers but also recommends...
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Comments Off on Commission Proposes Changes in Fiduciary Appointments
[Originally published in NYPRR January 2002] A Commission of 17 members appointed by Chief Judge Judith S. Kaye has issued a report recommending more than 20 changes in the system under which New York judges make appointments of fiduciaries, including...
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Comments Off on Sanctions Against Law Firm Survive Appeal
By Lazar Emanuel [Originally published in NYPRR December 2001] Although it succeeded in avoiding a motion to strike its answer and affirmative defenses on behalf of defendant General Motors Corporation, the Albany law firm of Thorn, Gershon, Towne,...
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Comments Off on Review of Cases: Law Firm Relationships & Law Firm Management
By Steven Wechsler [Originally published in NYPRR December 2001] [Editor’s Note: Professor Wechsler has prepared a review of recent developments in Professional Responsibility, to be published in the 2000–01 Survey of New York Law in the Syracuse...
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Comments Off on Imputed Conflicts Under DR 1-106
By Roy Simon [Originally published in NYPRR December 2001] My last two articles in NYPRR (Oct. & Nov. 2001) have covered client-to-client conflicts and personal conflicts under the new MDP rules, DRs 1-106 and 1-107, which took effect on Nov. 1,...
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Comments Off on Firm Disqualified from Arguing Motion
By Lazar Emanuel [Originally published in NYPRR December 2001] The firm of Newman & Greenberg was retained to represent one of the defendants against a federal indictment for money laundering and conspiracy to launder money. The firm submitted a...
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Comments Off on Federal Judges Apply Sanctions for Improper Motion Practice
By Lazar Emanuel [Originally published in NYPRR December 2001] In two decisions, federal judges in the Southern District have imposed sanctions on New York lawyers under 28 U.S.C. §1927. Both cases dealt with motion practice that the judges found to...
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Comments Off on Do States’ IOLTA Programs Violate Fifth Amendment?
By Lazar Emanuel [Originally published in NYPRR December 2001] Over the last 20 years, virtually all 50 states have adopted programs creating Interest-on-Lawyer-Trust-Accounts. In most states these are called IOLTA accounts. In New York, they are...
Ron Minkoff