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Comments Off on Solicitation of N.Y. Clients By Out-of-State Lawyers
By Roy Simon [Originally published in NYPRR May 2001] In basketball, there’s a foul called a “reach in “foul, which is committed when an opponent reaches in to steal the ball but instead hits the player who has the ball. My question in this article is this: When out-of state lawyers reach into New [&hellip...
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Comments Off on Rules Governing Lawyers in Public Office
By Mary C. Daly [Originally published in NYPRR May 2002] Since the founding of the Republic, lawyers have played a prominent role in government at all levels — national, state, and local. DeTocqueville’s description of lawyers as the newly minted...
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Comments Off on NYSBA Nixes Escrow Checks on Uncollected Bank Funds
By Lazar Emanuel [Originally published in NYPRR May 2001] Stage set: A typical house title closing. Present: The usual cast. Plot: Buyers have contracted to pay $250,000 for a one-family house in Queens. Seller’s attorney is holding the $25,000 con-...
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Comments Off on Multiple Representation When Recovery Fund Is Limited
By Lazar Emanuel [Originally published in NYPRR May 2001] The decision by Nassau County Supreme Court Judge F. Dana Winslow in Gentile v. Hart Limousine and Entertainment, provides interesting instruction on the conflicts of interest inherent in the...
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Comments Off on ABA Commission Would Liberalize Practice Rules
By Lazar Emanuel [Originally published in NYPRR May 2001] As out-of-state law firms invade New York and New York firms move to establish beachheads in other states, legal scholars are struggling to redefine the barriers against unauthorized practice....
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Comments Off on Four Case Digests: May 2001
[Originally published in NYPRR May 2001] Firm Representing State Agency Not Disqualified from Suit Against State Covington and Burling (C&B) represents Brown & Williamson Tobacco Corp. in an action to block enforcement of a New York State...
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Comments Off on When Lawyers Err — Grounds for Discipline
By Lazar Emanuel [Originally published in NYPRR April 2001] Several recent Disciplinary Proceedings before the Appellate Division, Second Department provide valuable lessons into the snares and pitfalls confronting every lawyer. It’s instructive to...
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Comments Off on Primer on Trust Accounts — Don’t Use Money & Do Keep Records
By Sarah Diane McShea [Originally published in NYPRR April 2001] It may seem surprising that despite nearly two decades of vigorous enforcement of the rules governing escrow accounts, the leading offenses cited in suspension and disbarment cases in New...
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Comments Off on Nassau Bar Committee Okays Tie with AmeriCounsel.com
By Lazar Emanuel [Originally published in NYPRR April 2001] In Nassau County Bar Op. 01-04 (2/13/2001), the Professional Ethics Committee of the Bar Association of Nassau County issued an important opinion giving the green light, subject to a few...
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Comments Off on Fee Arbitration Rules to Take Effect June 1, 2001
By Roy Simon [Originally published in NYPRR April 2001] The Code of Professional Responsibility has always frowned on fee disputes between lawyers and clients. Ethical Consideration 2-23 reflects this disapproval by saying: A lawyer should be zealous...
Ron Minkoff