MENU

NYPRR Archive
Category Archive

Defending Yourself Against Charges By Third Parties

NYPRR ArchiveComments Off on Defending Yourself Against Charges By Third Parties

By John B. Harris [Originally published in NYPRR May 2000]   You’re retained by general counsel to XYZ Corporation to negotiate the sale of one of its divisions. The sale goes through, but six months later you get a letter from the buyer’s lawyer claiming that you assisted XYZ in misrepresenting the division’s financial picture. [&hellip...

Read More

The British Are Coming — Who’s Your Real Competition?

Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments Off on The British Are Coming — Who’s Your Real Competition?

By Roy Simon [Originally published in NYPRR May 2000]   “History,” a fellow law professor quipped, “is strewn with the corpses of people who said, ‘Technology will never replace me.’” Take seriously the advice implicit in that observation....

Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer

Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments Off on Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer

By Lazar Emanuel [Originally published in NYPRR April 2000]   What happens when a solo practitioner dies leaving no immediate family and no personal estate requiring administration? What if his landlord is threatening to destroy his files? Who is...

Handling Clients’ Funds — Lesson from Lone Star State

NYPRR ArchiveComments Off on Handling Clients’ Funds — Lesson from Lone Star State

By Joseph S. Genova [Originally published in NYPRR April 2000]   [Editor’s note: This is Part I of a two-part article. Part II appears in NYPRR July 2000.] A decision in a closely watched case, on remand from the U.S. Supreme Court, provides some...

Expelling Partners: Legal & Ethical Issues

NYPRR ArchiveComments Off on Expelling Partners: Legal & Ethical Issues

By Roy Simon [Originally published in NYPRR April 2000]   Suppose your law firm opened an out-of-town office a few years ago and now finds that the office is unprofitable. You run the numbers and realize that the firm’s most senior partners could make...

Administrative Board Closes ‘Pay to Play’ Saga: 1995–2000

NYPRR ArchiveComments Off on Administrative Board Closes ‘Pay to Play’ Saga: 1995–2000

By Steven C. Krane [Originally published in NYPRR April 2000]   For five years, the Association of the Bar of the City of New York (ABCNY) had spearheaded a dedicated effort to eradicate pay to play by New York lawyers. Following the adoption by the ABA...

Perils in Business Transactions with Client

NYPRR ArchiveComments Off on Perils in Business Transactions with Client

By Mary C. Daly [Originally published in NYPRR March 2000]   Entering into a business transaction with a client is fraught with ethical peril. Courts, disciplinary bodies, and bar association ethics committees have uniformly warned lawyers of the myriad...

Hybrid Fee Agreements: Okay or No-kay?

NYPRR ArchiveComments Off on Hybrid Fee Agreements: Okay or No-kay?

By Roy Simon [Originally published in NYPRR March 2000]   Hourly rate fee agreements are the traditional lawyer-on-top “missionary position” of commercial litigation. Contingent fee agreements are the equivalent standard in personal injury matters,...

Conflicts of Interest in Malpractice Cases

NYPRR ArchiveComments Off on Conflicts of Interest in Malpractice Cases

By Stephen Gillers [Originally published in NYPRR March 2000]   An intriguing question in the field of lawyer regulation is the relevance of conflict of interest rules in cases charging a lawyer with legal malpractice or breach of fiduciary duty....

“Capoccia” Litigation Poses Jurisdictional Questions

NYPRR ArchiveComments Off on “Capoccia” Litigation Poses Jurisdictional Questions

By Lazar Emanuel [Originally published in NYPRR February 2000]   The litigation swirling around Albany attorney Andrew F. Capoccia raises issues of interest to the profession. The present litigation centers on a complaint by New York Attorney General...