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When Client Threatens Suicide: Duty Not to Disclose

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By Jay C. Carlisle & Jonathan A. Weiss [Originally published in NYPRR September 2001]   Last month in Chicago, lawyers met at the American Bar Association’s annual meeting to consider proposals to amend Model Rule 1.6 to permit a lawyer to reveal client confidences “to the extent the lawyer reasonably believes necessary to prevent reasonably...

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Overview of New York’s New MDP Rules

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By Roy Simon [Originally published in NYPRR September 2001]   In July 23, 2001, the Appellate Divisions approved new “multidisciplinary practice” or “MDP” rules for New York lawyers. The new rules will take effect on Nov. 1, 2001. This article...

California Marches to Different Drummer

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By Lazar Emanuel [Originally published in NYPRR September 2001]   The State Bar of California has asked for public comment on a task force proposal which recommends a trial Demonstration Program leading to the certification of a Fully Integrated form of...

Some States Require Notice on Malpractice Coverage

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By Lazar Emanuel [Originally published in NYPRR August 2001]   New York does not require its lawyers to purchase and maintain malpractice insurance. However, a number of states now require their lawyers to notify their clients at the time of engagement...

New Rules for Lawyers Who Run for Judicial Office

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By Lazar Emanuel [Originally published in NYPRR August 2001]   The judges of the Appellate Divisions of the Supreme Court have amended the rules governing lawyers who become candidates for judicial office. Until the recent amendment, the applicable rule...

Lawyers Bound By Federal Statute on Privacy Notices

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By Lazar Emanuel [Originally published in NYPRR August 2001]   The Financial Services Modernization Act of 1999 (the Gramm-Leach-Bliley Act) requires financial institutions to provide “a clear disclosure to all their clients concerning their privacy...

Courts Propose Mandatory Engagement Letters

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By Lazar Emanuel [Originally published in NYPRR August 2001]   The Office of Court Administration has requested public comment on a proposed new rule which would require all New York lawyers to provide all clients with a written letter of engagement...

Communicating with Adversary’s Former Employees

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By Roy Simon [Originally published in NYPRR August 2001]   An adversary’s former employees are often the most valuable witnesses in litigation. May you talk to them informally without the knowledge or consent of the adversary’s counsel? This question...

Bar Debates Liberalizing Multijurisdictional Practice

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By Lazar Emanuel [Originally published in NYPRR August 2001]   The ABA’s Commission on Multijurisdictional Practice has conducted the third and last of its public hearings to review the impact of the restrictions placed by individual states on the...

ABA Commission Rejects Law Firm Discipline

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By Lazar Emanuel [Originally published in NYPRR August 2001]   On Nov. 27, 2000, the ABA’s “Ethics 2000” Commission issued its report recommending changes in the ABA Model Rules. Among its recommendations, the Commission proposed amendments to...