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When Prison Inmate Threatens Suicide

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By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004] Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide. On the one hand, counsel has an obligation under DR 4-101 to maintain the confidentiality of the...

Wrongful Discharge Supports Claim in Quantum Meruit

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By Lazar Emanuel [Originally published in NYPRR October 2004] Adhering to a decision by the Court of Appeals in Pain Services P.C. v. Quadrino & Schwartz [370 F.3d 259 (2d Cir. 2004)], Judge Shira Scheindlin has confirmed the right of a lawyer who...

When Is Law Firm a Debt Collector?

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By Lazar Emanuel [Originally published in NYPRR September 2004] When is a law firm deemed a “debt collector” under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. 1692 et seq.? This question was answered by the Court of Appeals for the...

Willful Infringement Litigation: Waiver & Work Product Protection — Part 2

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By Roy Simon [Originally published in NYPRR August 2004] When a defendant invokes the advice-of-counsel defense in a willful infringement case and thus waives the attorney-client privilege does the defendant also waive work product protection? Last...

Willful Infringement Litigation: Waiver & Work Product Protection — Part 1

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By Roy Simon [Originally published in NYPRR July 2004] When your client in willful infringement litigation raises an advice of counsel defense and waives the attorney-client privilege, has your client also automatically waived work product protection?...

Supervising Non-Lawyers Hired from Another Law Firm

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By Lazar Emanuel [Originally published in NYPRR July 2004] The New York State State Bar Association has issued Formal Opinion 774 (March 23, 2004) defining a law firm’s responsibility on hiring a secretary, paralegal or other non-lawyer who has...

Who Is Law Firm ‘Partner’ in Suit for Discrimination?

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By Roy Simon [Originally published in NYPRR April 2004] Most associates at a law firm want to make partner. But when it comes to employment discrimination lawsuits against large law firms (including suits for sexual harassment or a hostile...

Uncertain Legacy of “Wieder v. Skala”

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By Ronald C. Minkoff [Originally published in NYPRR March 2004] Twelve years ago, when the Court of Appeals decided Wieder v. Skala [80 N.Y.2d 628, 593 N.Y.S.2d 752 (1992)], it seemed like the dawn of a new age. Combining contract and legal ethics...

Town Attorney May Not Act As Defense Counsel

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By Lazar Emanuel [Originally published in NYPRR March 2004] The case involved defense counsel for two defendants in separate proceedings in village court. The village is located entirely within the limits of the town represented by defense counsel as...

State Bar Committee Proposes Four New Ethics Rules

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By Lazar Emanuel [Originally published in NYPRR February 2004] The New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been engaged in a comprehensive review of the New York Code of Professional Responsibility...