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Comments Off on ‘Noisy Withdrawal’ from Client’s Fraud
By Mary C. Daly [Originally published in NYPRR August 2000] This article discusses DR 4-101(C)(5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in circumstances in which the Code might otherwise prohibit disclosure. The task of representing a client who may...
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Comments Off on Duty to Supervise: A Firm Responsibility
By Marvin Frankel & Charlotte Fischman [Originally published in NYPRR August 2000] New York stands alone in requiring law firms as well as lawyers (at least those with management responsibility in the firm or “direct supervisory authority” over...
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Comments Off on Who Owns Privilege After Merger?
By Stephen Gillers [Originally published in NYPRR July 2000] [Editor’s note: This is Part II of a two-part article.] In last month’s NYPRR (June 2000), we identified several lawyer regulatory issues of particular concern to corporate and...
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Comments Off on Statute of Limitations in Legal Malpractice Actions
By Roy Simon [Originally published in NYPRR July 2000] Statute of limitations questions in legal malpractice actions are tricky. If you are trying to gauge your law firm’s exposure to legal malpractice actions — or if you represent plaintiffs in...
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Comments Off on Hot Town, Summer in the City: MDP Debate Heads for Showdown
By Steven C. Krane [Originally published in NYPRR July 2000] For a little over two weeks in late June and early July 2000, New York State will be the focus of attention for the American legal profession, as the debate concerning multidisciplinary...
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Comments Off on Handling Client’s Funds — Guidelines from Texas Judge
By Joseph S. Genova [Originally published in NYPRR July 2000] [Editor’s note: This is Part II of a two-part article. Part I was published in NYPRR April 2000.] After trial, following remand from the Supreme Court, Judge James R. Nowlin performed an...
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Comments Off on Whistleblowing — Difficult Duty of DR 1-103(a)
By John Q. Barrett [Originally published in NYPRR June 2000] Last fall, I received a memorable telephone call from a former student. This young lawyer explained that he was calling me to seek professional responsibility advice for an unnamed friend who...
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Comments Off on Some Misperceptions Among Corporate Lawyers
By Stephen Gillers [Originally published in NYPRR June 2000] [Editor’s note: This is the first of two articles. The sequel will be published in NYPRR July 2000.] If you spend time talking to lawyers about ethics you soon discover an interesting...
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Comments Off on AmeriCounsel: Guaranteed Legal Services at Flat Fees on Internet
By Roy Simon [Originally published in NYPRR June 2000] Suppose you are a potential client shopping for legal services over the Internet. You find www.AmeriCounsel.com, a company affiliated with Harvard Law School Professor Arthur Miller. Topping the...
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Comments Off on Perils of Investing in a Client
By Mary C. Daly [Originally published in NYPRR May 2000] Hardly a day goes by without another article in the press reporting the fantastic profits being made by law firms that invest in clients’ businesses. [See, e.g., Renee A. Deger, “Stake Diner,...
Ron Minkoff