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Proposal to Permit Multi-Disciplinary Partnerships

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By John B. Harris [Originally published in NYPRR June 1999]   In recent months, the legal profession has intensely debated whether partnerships between lawyers and other professionals (so-called “multi-disciplinary partnerships” or MDPs) will ultimately benefit consumers and the involved professions. Perhaps because MDPs are a direct challenge to...

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Lawyer Needs Insured’s Consent Before Submitting Bills to Insurer’s Auditor

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By Lazar Emanuel [Originally published in NYPRR June 1999]   N.Y. State Bar Op. 716 (1999) Question: May a lawyer representing an insured in a civil action submit his legal bills to an independent audit company employed by the insurance carrier without...

Lawyer May Bill Hourly Rate When Appearing as Witness

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By Lazar Emanuel [Originally published in NYPRR June 1999]   N.Y. State Bar Op. 714 (1999) Question: May a lawyer accept compensation from a former client for time in preparing to testify in a matter and for testifying as a witness? Answer: Yes, provided...

Contract Lawyer & Client Confidences

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By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR June 1999]   [Editor’s note: This is our third article on the temporary or contract lawyer. In the two previous articles, we dealt with Conflicts of Interest and Imputed...

Code Violations & Disqualification Motions: Which Rules Apply?

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By Norman Redlich & David R. Lurie [Originally published in NYPRR June 1999]   When faced with motions to disqualify opposing counsel for conflicts of interest, courts frequently must decide whether a lawyer’s violation of the disciplinary rules...

When Lawyer Should Comply with Client Instructions

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By Lazar Emanuel [Originally published in NYPRR May 1999]   N.Y. State Bar Op. 713 (1999) Question: A lawyer has drafted a deed for his client who is taking title to parcels of real estate in satisfaction of a preexisting debt. The client has instructed the...

Estate Planning Lawyer May Not Sell Long-Term Care Insurance

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By Roy Simon [Originally published in NYPRR May 1999]   Selling Long-Term Care Insurance to Estate Planning Clients N.Y. State Bar Op. 711 (1999) — Question: May a lawyer who is licensed as an insurance broker sell long-term care insurance to clients whom...

Don’t Hire Disbarred Lawyer to Work in Your Office

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By Roy Simon [Originally published in NYPRR May 1999]   In October 1998, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York issued an opinion strongly cautioning any lawyer before hiring a disbarred...

Contract Lawyer & Imputed Disqualification

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By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR May 1999]   In the first article in this series on the temporary or “contract” lawyer, we dealt with the safeguards available to the hiring partner in screening for existing or...

Your Client Is a Corporation — Are Its Affiliates Clients Too?

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By Stephen Gillers [Originally published in NYPRR May 1999]   Conflict of interest rules have become exponentially more complex in the last 25 years. Rules governing conflicts in the corporate family can be especially daunting. If you represent one...