NYPRR Archive
Category Archive
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Who Is Your Client — The Business or Its Owners
By Mary C. Daly [Originally published in NYPRR March 2001] Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is required to advise the constituents of that organization (e.g., directors, officers, employees,...
Read More
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on When Lawyer-Mediator May Draft Divorce Papers
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 736 The NYSBA Committee on Professional Ethics has reviewed the duties of a lawyer-mediator who resolves the terminal dispute between husband and wife and then is asked to draft...
NYPRR Archive •
admin •
Comments Off on Lawyer May Contact Adverse Party’s Accountant
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 735 May a lawyer communicate with an accountant who has worked as an independent contractor for the opposing party without getting the consent of opposing counsel? This issue was...
NYPRR Archive •
admin •
Comments Off on Confidential Settlements & Restrictive Settlement Agreements
By Roy Simon [Originally published in NYPRR March 2001] Litigators enter into confidential settlement agreements every day. But if the First Department’s recent decision in Bassman v. Fleet Bank is correct, defendants have suddenly gotten a windfall,...
NYPRR Archive •
admin •
Comments Off on City Bar Says ‘Affiliate’ Firms Must Observe Conflicts Rules
By Lazar Emanuel [Originally published in NYPRR March 2001] Formal Opinion 2000-4 In Formal Opinion 2000-4, the Association of the Bar of the City of New York has reviewed the circumstances under which two firms may describe themselves as...
NYPRR Archive •
admin •
Comments Off on Revisiting Law Firm Discipline — Does It Really Work?
By Sarah Diane McShea [Originally published in NYPRR February 2001] Nearly five years ago, New York became the first state to require law firms — not just individual lawyers — to comply with existing lawyer ethics codes. The May 1996 revisions to...
NYPRR Archive •
admin •
Comments Off on Prospective Client & Proposed Model Rule 1.18
By Marvin E. Frankel & Ronald W. Adelman [Originally published in NYPRR February 2001] The ABA’s Ethics Commission 2000 has proposed a draft new Model Rule 1.18, titled “Duties to a Prospective Client.” The proposed rule, which merits and...
NYPRR Archive •
admin •
Comments Off on Duty to Disclose Error That May Constitute Malpractice
By Lazar Emanuel [Originally published in NYPRR February 2001] When does a lawyer have a duty to report to a client an error or omission that may lead to a malpractice claim against the lawyer? And when does the lawyer have a duty to withdraw after...
NYPRR Archive •
admin •
Comments Off on Assessing Impact of Proposed DR 1-107, etc.
By Roy Simon [Originally published in NYPRR February 2001] In last month’s NYPRR (Jan 2001), I discussed what you can do until the proposed amendments to DRs 106 and 107 and several related changes in the Code are actually adopted by the Appellate...
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on When Your Client Plans to Commit a Crime
By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...
Ron Minkoff