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Comments Off on Three Case Digests: July 2001
By Lazar Emanuel [Originally published in NYPRR July 2001] Non-Client Defendant May Move to Disqualify Counsel The Brickman law firm represented Client Matthews in an age discrimination claim against his former employer, defendant’s predecessor in interest. The claim was settled. Client Skidmore, a fellow employee of Matthews, retained the Brickman...
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Comments Off on Passing the Baton When a Lawyer Is Disqualified
By Mary C. Daly [Originally published in NYPRR July 2001] The event you most dreaded has just occurred. Your adversary has moved — successfully — for the disqualification of your law firm in an important matter involving a long-term client. After...
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Comments Off on More Light on ‘No-Contact’ Rule
By Roy Simon [Originally published in NYPRR July 2001] Last month (NYPRR June 2001), my article described five court decisions construing the so-called “no-contact” rule, which is codified at DR 7-104(A)(1) in New York, and at Rule 4.2 in most...
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Comments Off on Disqualification Denied Again: “Amazonas” Case
By Hal R Lieberman [Originally published in NYPRR July 2001] The usual context for asserting a disqualification motion is an alleged conflict of interest pitting the lawyer’s current client against another current or former client. In a series of...
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Comments Off on Advance Fee Retainers: Should We Change Rules?
By Sarah Diane McShea [Originally published in NYPRR July 2001] It has long been the rule in New York that lawyers are not required to place advance fee payments in their escrow accounts but may, instead, deposit them in their general funds. In 1985,...
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Comments Off on When Unsolicited Information Comes Over the Transom
By Jonathan J. Lerner [Originally published in NYPRR June 2001] [Note: In NYPRR Feb. 2001, Marvin Frankel and Ronald Adelman discussed proposed ABA Model Rule 1.18, which deals generally with a lawyer’s duties to a prospective client. This article...
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Comments Off on Pro Bono Matrimonial Retainer May Provide for Fee Application
By Lazar Emanuel [Originally published in NYPRR June 2001] NYSBA Opinion 739, issued on April 16, 2001, deals with lawyers who have agreed to take pro bono client assignments from a lawyer referral service sponsored by a bar association. The question...
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Comments Off on Lawyer-to-Lawyer Referrals — Clarifying the Rules
By Lazar Emanuel [Originally published in NYPRR June 2001] The best of three possible answers to a question on the CLE self-assessment test in the April 2001 issue of NYPRR was: “Under DR 2-103(B), a lawyer may pay a client referral fee to…another...
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Comments Off on Lawyer May Not Refer Client to Spouse’s Title Company
By Lazar Emanuel [Originally published in NYPRR June 2001] In NYSBA Opinion 738, released on April 16, 2001, the State Bar Committee reviewed a number of prior Ethics Opinions dealing with the conflicts which can arise when a lawyer or law firm...
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Comments Off on Four Opinions on No-Contact Rule
By Roy Simon [Originally published in NYPRR June 2001] I am continually surprised at how frequently courts and ethics committees issue opinions about the so-called “no-contact” rule (DR 7-104 in New York; Rule 4.2 in most other states). The...
Ron Minkoff