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Comments Off on Advertising: Targeted Mailings for Personal Injury & Criminal Clients
By Ellen Yaroshefsky [Originally published in NYPRR June 1998] Five days ago, two trains collided just outside of Binghamton. Your six lawyer firm, with some experience in complex personal injury litigation, wants to offer its services by sending a “tasteful,” targeted mailing to victims of the accident and their families. The proposed mailing...
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Comments Off on Four Ethics Opinions — June 1998
By Roy Simon [Originally published in NYPRR June 1998] Recently, the New York County Lawyers Association issued an important opinion explaining the circumstances under which a lawyer may seek a client’s advance waiver of future conflicts of interest,...
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Comments Off on When Complaint Is Filed Against You — How Disciplinary System Works
By Sarah Diane McShea [Originally published in NYPRR May 1998] Most lawyers will receive at least one complaint of unethical conduct at some point during their careers. This is true for lawyers who never practice law and it is true for lawyers who hold...
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Comments Off on Use of Email Creates Ethical Challenges
By Anthony E. Davis [Originally published in NYPRR May 1998] Communications by lawyers involve two sets of legal and ethical principles — the legal and ethical obligation to protect privileged information, and the legal and ethical obligation to...
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Comments Off on Should Government Lawyers Talk to My Client?
By Roy Simon [Originally published in NYPRR May 1998] Do you represent individual or corporate clients who are being investigated or prosecuted by federal or state government agencies? If so, your control over communications between the government’s...
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Comments Off on How to Advertise Fees Within Rules
By Sharon Stern Gerstman [Originally published in NYPRR May 1998] You and your partners have decided to launch a multimedia advertising campaign. You plan to advertise in local community newspapers, the “ad book” of a local charity, the yellow...
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Comments Off on Walking a Tight Rope: Preserving the Attorney-Client Privilege
By Kirsten L. Christopher [Originally published in NYPRR April 1998] As trusted members of management, in-house counsel play an active role in business decision-making. Because in-house lawyers serve a dual role, many executives believe all...
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Comments Off on Stiffer Sanctions for Frivolous Litigation Conduct: Amended Part 130 Now in Effect
By Roy Simon [Originally published in NYPRR April 1998] Tougher sanctions for frivolous litigation conduct in New York State courts are in place as of March 1, 1998, when amendments to 22 NYCRR Part 130 took effect. The amendments, which build on...
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Comments Off on Challenging the Granny Advisor Law — NYSBA v. Janet Reno
By Lazar Emanuel [Originally published in NYPRR April 1998] The New York State Bar Association has filed a lawsuit in federal court (97-CV-1768) asking to declare unconstitutional the “Granny Advisor Goes to Jail Act,” Section 4734 of the Balanced...
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Comments Off on Answering Your Questions About New Statement of Client’s Rights
By Lazar Emanuel [Originally published in NYPRR April 1998] Every New York lawyer is now required by the Administrative Board of the Courts “to ensure that there is posted, in a manner visible to clients of the attorney, a statement of rights…”...
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