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Comments Off on Who Controls Disbarred Lawyer’s Trust Account? — Proposed Amendments to DR 9-102(G)
By Roy Simon [Originally published in NYPRR August 2008] This column is about a Disciplinary Rule that you and your law firm have probably never encountered but that profoundly affects the public image of the legal profession. It is about DR 9-102(G), one of the many provisions in the rule governing attorney trust accounts, [&hellip...
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Comments Off on Who Is My Client? — Vicarious or Accommodation Clients
By Ronald C. Minkoff [Originally published in NYPRR May 2008] When is a “client” not really your client? The answer: When the client is considered a “secondary,” “accommodation,” or “vicarious” client. Though they are often used...
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Comments Off on Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills
By Jeremy R. Feinberg [Originally published in NYPRR March 2008] If you ask anyone to identify services that lawyers provide for their clients, inevitably, one answer you will hear is “prepare wills.” Indeed, many law students, and even...
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Comments Off on Who Is My Client? — The Intermittent Client
By Ronald C. Minkoff [Originally published in NYPRR February 2008] When is a client no longer a client? This question may seem simple, but it is fraught with peril for lawyers and their firms. The existence of a continuing attorney-client relationship...
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Comments Off on State Bar’s Proposed New Rules of Professional Conduct
By Roy Simon [Originally published in NYPRR January 2008] Editor’s note: This is the first in a series of articles by Roy Simon that will describe and explain the proposed New York Rules of Professional Conduct that have been approved by the New York...
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Comments Off on ‘Party’ vs. ‘Person’ in DR 7-104(A)
By Roy Simon [Originally published in NYPRR June 2007] May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....
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Comments Off on U.S. Courts v. 50 States — New MJP Issues
By Ronald C. Minkoff [Originally published in NYPRR May 2007] Now that approximately 35 states have adopted some variation of Model Rule 5.5, and a plethora of case law Birbrower v. Superior Court of California, 17 Cal. 4th 119, 70 Cal. Rptr.2d 304,...
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Comments Off on Thumbnail Guide to Amended Advertising Rules
By Roy Simon [Originally published in NYPRR February 2007] On Jan. 4, 2007, the courts announced extensive amendments to the rules governing lawyer advertising in New York. This article briefly summarizes the new rules, which are effective as of Feb....
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Comments Off on Threatening to File Grievance Against Opposing Counsel
By Roy Simon [Originally published in NYPRR November 2005] May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...
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Comments Off on ‘Of Counsel’ Lawyers & Conflicts of Interest
By Roy Simon [Originally published in NYPRR July 2005] The Second Circuit decided a case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005), that turns conventional wisdom upside down. If this...
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