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Comments Off on Applying Conflicts Rules When a Lawyer Moves
By Lazar Emanuel [Originally published in NYPRR December 1999] N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of interest and disqualification when a lawyer moves from one firm to another. Because [&hellip...
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Comments Off on Spoliation of Evidence: What Are Ethics Issues?
By Barbara S. Gillers [Originally published in NYPRR November 1999] What do you tell a client who wants to destroy documents or other real evidence? What if preserving the evidence could harm the client in the event of a lawsuit but no lawsuit is...
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Comments Off on Revisiting “Kassis”: Do Chinese Walls Still Work?
By Roy Simon [Originally published in NYPRR November 1999] In Kassis v. Teacher’s Insurance and Annuity Association [1 No. 86, ___ N.Y.2d ___ (N.Y. 1999)], a unanimous Court of Appeals reversed the First Department and disqualified the firm of Thurm...
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Comments Off on Misdeeds of Clients & Lawyer’s Response
By Lazar Emanuel [Originally published in NYPRR November 1999] One of the recurring debates among legal ethicists revolves around the responsibility of the lawyer to report the misdeeds of his client. The conflict is between the lawyer’s duty of...
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Comments Off on Who Controls Your Trust Account? Your Client or His Creditor?
By Roy Simon [Originally published in NYPRR October 1999] I staff the Nassau Bar Ethics Hotline, and several lawyers a week call to ask ethics questions. A question that arises often is the degree to which a client can control the funds in an...
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Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...
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Comments Off on Improper Provisions in Retainer Agreements
By Lazar Emanuel [Originally published in NYPRR October 1999] N.Y. State Opinion 719 (1999) The Rules of the Appellate Division require that all attorneys in domestic relations matters “execute a written agreement with the client setting forth in...
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Comments Off on Things Old & New — Code Amendments
By Stephen Gillers [Originally published in NYPRR September 1999] In one way, at least, the July 1999 amendments to the New York Code of Professional Responsibility did not much change it. The Code continues to be a composite of something old,...
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Comments Off on Putting Screens Around Lateral Hire
By Barbara Gillers [Originally published in NYPRR September 1999] The recent amendments to DR 5-108 modernize New York’s rule governing the imputation of conflicts when a lawyer changes firms. The New York rule now conforms to ABA Model Rule 1.9(b),...
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Comments Off on NYC Bar Nixes Restrictive Agreements
By Roy Simon [Originally published in NYPRR September 1999] Two years ago, in a decision, Feldman v. Minars [230 A.D.2d at 359, 658 N.Y.S.2d at 616 (1st Dept. 1997)], the First Department surprised a lot of people by enforcing a restrictive settlement...
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