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Comments 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...
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Comments 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....
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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,...
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Comments 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....
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Comments 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...