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Comments Off on Attorney Sanctioned Twice in Same Action
By Lazar Emanuel [Originally published in NYPRR December 2001] Attorney David Michaels of Spencertown has managed to have sanctions imposed against him for the second time in the same matrimonial action. [Ruzzio v. Ruzzio, App. Div. 3rd Dept., 88123A and 88123B (10/25/2001).] A sanction of $950 for counsel fees was first imposed by the [&hellip...
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Comments Off on Review of Recent Malpractice Issues
By Steven Wechsler [Originally published in NYPRR November 2001] [Editor’s note: Professor Wechsler is currently preparing a review of recent developments in Professional Responsibility, to be published in the 2000–01 Survey of New York Law in the...
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Comments Off on Durable Powers and Client’s Incapacity
By Lazar Emanuel [Originally published in NYPRR November 2001] In Ethics Opinion 746, issued July 18, 2001, the New York State Bar Association considered the issues facing a lawyer who holds a client’s “durable” power of attorney and learns that...
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Comments Off on Conflicts and Referral Fees
By Lazar Emanuel [Originally published in NYPRR November] In Ethics Opinion 745, the NYSBA considered the issue of referrals to another lawyer by a lawyer who is disqualified from continuing a representation by virtue of a conflict of interest. The...
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Comments Off on Conflicts of Interest Under New DR 1-106
By Roy Simon [Originally published in NYPRR November 2001] Conflict of interest issues are likely to be the most frequent and difficult issues under New York’s new MDP rules, which take effect on Nov. 1, 2001. Last month, I asked how the rule on...
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Comments Off on ABA: Lawyers May Tape Their Conversations
By Sarah Diane McShea [Originally published in NYPRR November 2001] In a move completely unrelated to the recent terrorist attack on lower Manhattan and Washington, D.C., the American Bar Association’s Committee on Ethics and Professional...
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Comments Off on Working Under New Rules on Multidisciplinary Practice
By Gary A. Munneke [Originally published in NYPRR October 2001] New York has become the first American jurisdiction to adopt a regulatory scheme for multidisciplinary practice. In NYPRR Sept 2001 issue, Professor Roy Simon provided a section-by-section...
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Comments Off on Judge Casey’s Primer on Lawyer Disqualification
By Lazar Emanuel [Originally published in NYPRR October 2001] Occasionally, a judge’s well-reasoned opinion serves as a primer on essential principles of professional responsibility. The opinion of Judge Richard C. Casey (S.D.N.Y.) in Crudele v. New...
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Comments Off on Finding Answers to Ethical Problems
By Phil Schatz [Originally published in NYPRR October 2001] The nightmare can take many forms, some worse than others, but all bad. You receive a letter from the Departmental Disciplinary Committee enclosing a copy of a complaint that a former client...
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Comments Off on Conflicts of Interest Under New MDP Rules
By Roy Simon [Originally published in NYPRR October 2001] At the end of last month’s overview of the new MDP rules [NYPRR Sept. 2001], I noted that “other issues, such as conflicts of interest and confidentiality, lie beneath the surface and remain...
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