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From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

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[Originally published in NYPRR April 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 serves among the Committee’s Counsel. Permission to reprint the Opinion below was requested by...

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Interesting Provisions in New Rules: Rule 1.0 through Rule 1.6

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By Roy Simon [Originally published in NYPRR April 2009]   It’s April and the new New York Rules of Professional Conduct are finally in effect. Some may say this development comes a quarter of a century too late — in 1984, the New York State Bar...

Ethical Issues in E-Discovery

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By Ronald C. Minkoff [Originally published in NYPRR April 2009]   The growth of e-discovery has created a host of ethical problems for litigators, already over-burdened with examining and producing tens (or hundreds) of thousands of electronic documents....

Personal Reassessment in a Hardscrabble Time

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By Lazar Emanuel [Originally published in NYPRR April 2009]   Hundreds of lawyers are suffering the anguish and trauma of job loss or lay-off. If you’re among them, you are justifiably angry and frustrated. Caught in a swirl of events you did not cause...

From Advisory Committee on Judicial Ethics: Amended Opinion 07-216 (Dec. 4, 2008)

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[Originally published in NYPRR March 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...

Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part II)

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By Roy Simon [Originally published in NYPRR March 2009]   The New York Code of Professional Responsibility will be replaced on April 1, 2009 by the New York Rules of Professional Conduct. The Tables below compare the new Rules with the outgoing Code. If...

Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part I)

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By Roy Simon [Originally published in NYPRR February 2009]   On Dec. 16, 2008, the Administrative Board of the New York Courts announced that on April 1, 2009 New York would replace all of the existing Disciplinary Rules and Definitions in the New York...

From Advisory Committee on Judicial Ethics: Opinion 08-213 (Dec. 4, 2008)

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[Originally published in NYPRR February 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,...

Chief Judge Kaye Leaves a Rich Professional Responsibility Legacy

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By Jeremy R. Feinberg [Originally published in NYPRR January 2009]   By the time you read this article, Chief Judge Kaye will have retired from the Court of Appeals, ending a long and successful career as a judge. Trying to summarize all the ways she has...

In-House Ethics Consultations and the Attorney-Client Privilege: Case Law

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By Roy Simon [Originally published in NYPRR January 2009]   Virtually every large law firm has an in-house ethics advisor or General Counsel, a lawyer in the firm who is well versed in the rules of ethics as well as the various state and federal statutes...