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Comments Off on Simon on New Rules: Rule 1.14 Through 1.18
By Roy Simon [Originally published in NYPRR August 2009] This month’s column, which continues my series of columns on the new New York Rules of Professional Conduct, begins with Rule 1.14 and ends with Rule 1.18, the last rule in Article 1 of the new Rules. Rule 1.14: Clients with Diminished Capacity Rule 1.14 [&hellip...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-223 (Dec. 4, 2008)
[Originally published in NYPRR July 2009] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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Comments Off on Conflict Consents Under Code Do Not Need Written Confirmation Under New Rules
By Lazar Emanuel [Originally published in NYPRR July 2009] In its first opinion dealing with the transition from the Code to the new Rules of Professional Conduct, the NYSBA Committee on Professional Ethics has decided that a conflicts consent which...
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Comments Off on Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules
By Roy Simon [Originally published in NYPRR July 2009] This month’s column continues my series on the new New York Rules of Professional Conduct. This section begins with Rule 1.9 and ends with Rule 1.12. Rule 1.9: Duties to Former Clients Rule 1.9,...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-176 (Jan. 29, 2009)
[Originally published in NYPRR June 2009] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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Comments Off on Simon on New Rules: Rule 1.8 — 10 Conflict Rules in One
By Roy Simon [Originally published in NYPRR June 2009] In NYPRR April and May 2009, I reviewed some interesting provisions in the New York Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s column (NYPRR May 2009) ended...
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Comments Off on Report on Pretexting — Recent Cases & Ethics Opinions
By Jeremy R. Feinberg [Originally published in NYPRR June 2009] How far can a lawyer go to obtain damaging information about the other side, about an adverse witness, or even a judge? The use of “pretexting,” i.e., some form of deception, to obtain...
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Comments Off on Interesting Provisions in New Rules: Rule 1.6(b) through Rule 1.7
By Roy Simon [Originally published in NYPRR May 2009] Last month (NYPRR April 2009), I began my review of some of the more interesting new provisions in New York’s Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s...
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Comments Off on Mediator Ethics in New York State
By Jeremy Feinberg & Amy Sheridan [Originally published in NYPRR May 2009] Sometimes, ethics issues arise from real-life scenarios that can happen to anyone. Imagine, on a dark and stormy winter night, waiting at a bus stop where you and one other...
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Comments Off on From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)
[Originally published in NYPRR May 2009] From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...
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