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Comments Off on When Client Threatens Suicide: Duty Not to Disclose
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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Comments Off on Overview of New York’s New MDP Rules
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...
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Comments Off on California Marches to Different Drummer
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...
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Comments Off on Some States Require Notice on Malpractice Coverage
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...
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Comments Off on New Rules for Lawyers Who Run for Judicial Office
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...
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Comments Off on Lawyers Bound By Federal Statute on Privacy Notices
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...
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Comments Off on Courts Propose Mandatory Engagement Letters
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...
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Comments Off on Communicating with Adversary’s Former Employees
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...
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Comments Off on Bar Debates Liberalizing Multijurisdictional Practice
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...
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Comments Off on ABA Commission Rejects Law Firm Discipline
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...