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Comments Off on NYSBA Ethics Opinion on Escrow Fund
By Lazar Emanuel [Originally published in NYPRR February 1999] Summary of Opinion 710 — 11/6/98 (35-98) A lawyer has been holding an escrow fund after a real estate closing, to secure buyers against loss under a possible sidewalk violation assessment by the local municipality. The municipality advises that no assessment will be made, but [&hellip...
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Comments Off on Future of Attorney Discipline in N.Y.’s First Judicial Department
By Hal R. Lieberman [Originally published in NYPRR February 1999] As the year 2000 approaches, the legal profession in the U.S. will soon number nearly one million. There will be 175,000 of us in New York alone, 60,000 in the First Judicial Department....
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Comments Off on NYSBA Task Force Report: ‘Pay to Play’
By Lazar Emanuel [Originally published in NYPRR January 1999] Executive Summary The existence of specific instances of “Pay to Play” is difficult to establish, since the conduct in question is dependent upon the state of mind with which political...
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Comments Off on Two NYCLA Ethics Opinions — Oct. 1998
By Roy Simon [Originally published in NYPRR January 1999] In October 1998, the NYCLA Committee on Professional Ethics issued two ethics opinions. Here are summaries of them: Discarding Old Files — NYCLA Op. 725 (10/6/1998) “When and how may a...
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Comments Off on IOLA Accounts: Are Deposits Mandatory — Exchange of Views
By Lazar Emanuel [Originally published in NYPRR January 1999] [Editor’s note: NYPRR Nov. 1998 published an article by Joseph S. Genova, “IOLA After Phillips: Clearing Up Some Misconceptions.” (Part 2 was published in NYPRR Dec. 1999.) We received...
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Comments Off on Federal Statute Applies State Conduct Rules to Prosecutors
By John Q. Barrett [Originally published in NYPRR January 1999] As Congress prepared to take its October 1998 pre-election recess, it passed the fiscal-year spending bill for the Department of Justice (DOJ). The bill is part of the Omnibus Consolidated...
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Comments Off on May Tax-Reduction Company Retain Lawyer for Property Owner
By Lazar Emanuel [Originally published in NYPRR December 1998] N.Y. State Bar Opinion 705 (clarifying N.Y. 371) This Opinion covers the engagement of an attorney by a non-attorney tax reduction company to represent a property owner in a Supreme Court...
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Comments Off on State Bar Issues Opinion on Use of Internet
By Lazar Emanuel [Originally published in NYPRR December 1998] In its first major pronouncement on law practice over the Internet, the New York State Bar Association’s Committee on Professional Ethics has issued Ethics Opinion 709 (Sept. 16, 1998)....
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Comments Off on Out-of-State Law Practice & Escrow Accounts: Ethics Opinions
By Roy Simon [Originally published in NYPRR December 1998] Recently, the New York State Bar’s Committee on Professional Ethics issued an opinion about a lawyer’s duties as an escrow agent, and the Nassau County Bar’s Professional Ethics Committee...
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Comments Off on IOLA After “Phillips”: Part 2
By Joseph S. Genova [Originally published in NYPRR December 1998] In Phillips v. Washington Legal Foundation, decided in June 1998, a bare majority of the U.S. Supreme Court said that interest earned on client funds held in IOLTA accounts maintained by...
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