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Comments Off on Waiting for Courts to Amend Code
By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal professionals, including so-called “side-by-side” arrangements and “strategic alliances.” At...
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Comments Off on Growing Trend Against Motions to Disqualify
By Roy Simon [Originally published in NYPRR January 2001] In the prior installments of this article, I considered the reluctance of the district courts to disqualify lawyers on conflicts issues, even when discipline for a breach of the ethics rules may...
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Comments Off on Ethics 2000 Commission Issues Timely Report
By Steven C. Crane [Originally published in NYPRR January 2001] The American Bar Association produced the Canons of Professional Ethics in 1908 and the Model Code of Professional Responsibility in 1969. It introduced the Model Rules of Professional...
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Comments Off on Case Digests: “Santalucia v. Sebright Transportation,” “Baker v. Dorfman,” “Britt v. Legal Aid Society”
By Lazar Emanuel [Originally published in NYPRR January 2001] Santalucia v. Sebright Transportation, Inc. Contingent-Fee cases are property of dissolving firm. Absent contrary agreement, firm gets value of claim at dissolution, not quantum meruit. The...
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Comments Off on Working Without Fees: Failure to Heed Rules in Domestic Relations Matters
By Lazar Emanuel [Originally published in NYPRR December 2000] Two decisions by New York County Supreme Court judges imposed draconian penalties on lawyers who failed to follow the rules controlling retainer agreements, client billing, arbitration...
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Comments Off on Prospective Client Perjury: A Lawyer’s Dilemma
By Hal R. Lieberman [Originally published in NYPRR December 2000] One of the most confounding ethical dilemmas facing a criminal defense lawyer is the prospect that her client intends to testify falsely. Although the prohibition against knowingly...
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Comments Off on NYSBA Delegates Approve MacCrate MDP Proposals
By Lazar Emanuel [Originally published in NYPRR December 2000] New York took a significant first step towards the implementation of the MacCrate Committee’s MDP proposals on Nov. 4, 2000, when the NYSBA House of Delegates approved two new DRs — DR...
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Comments Off on Growing Trend Against Motions to Disqualify: Part 2
By Roy Simon [Originally published in NYPRR December 2000] In the first installment of this article, [see, NYPRR Nov. 2000], I asked whether there is a growing trend in the Southern District against granting motions to disqualify opposing counsel. I...
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Comments Off on Growing Trend Against Motions to Disqualify: Part 1
By Roy Simon [Originally published in NYPRR November 2000] Is there a growing trend against granting motions to disqualify opposing counsel? Three cases may not make a trend, but three cases decided in the Southern District this year suggest that...
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Comments Off on Revisiting N.Y. Rule on Threats of Criminal Prosecution
By Sarah Diane McShea [Originally published in NYPRR November 2000] Disciplinary Rule 7-105(a) forbids lawyers from threatening criminal prosecution “solely to obtain an advantage in a civil matter.” However, the rule has been interpreted in New...
Ron Minkoff