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What Do You Mean, I Don’t Get Paid? Fee Forfeiture in New York

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By Ronald C. Minkoff [Originally published in NYPRR March 2003] Lawyers who are guilty of professional misconduct have much to worry about. They can be sued for malpractice. They can be disqualified from handling a particular case. They can be sanctioned, or even subjected to professional discipline. But there is another penalty that some [&hellip...

States Follow ABA Lead in Promoting MJP

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By Lazar Emanuel [Originally published in NYPRR February 2003] A number of developments among the states have accelerated the Bar’s general acceptance of wider multi-jurisdictional practice (MJP). The states are following the lead of the ABA, which,...

The Last Thing We Need: An Editorial

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By Lazar Emanuel [Originally published in NYPRR February 2003] [Publisher’s Note: The opinions expressed in our Editorials are those of the publisher. NYPRR invites comment from lawyers on issues of Ethics and Professionalism.] The last thing in the...

‘Partnership’ Accounting Denied to P.C. Member

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By Lazar Emanuel [Originally published in NYPRR December 2002] A lawyer who joins and participates as a member of a law firm organized as a professional corporation may not obtain a “partnership” accounting from the other lawyers in the firm....

Time-Barred Counterclaim in Lawyer’s Suit for Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Jay Landa represented clients Margaret and Patrick Mullen in a Family Court proceeding in 1997 and 1998. A dispute developed concerning Landa’s fees. Landa complied with the...

Taking Security Interest to Secure Payment of Fees

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By Lazar Emanuel [Originally published in NYPRR November 2002] A New York lawyer who wishes to take a contractual security interest in a client’s property to secure the payment of fees should first determine the answers to a number of questions. The...

Supreme Court Strikes Limits on Speech by Judicial Candidates

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By Lazar Emanuel [Originally published in NYPRR September 2002] In a decision with wide impact on future judicial electoral campaigns, the Supreme Court has struck down as a violation of free speech all rules limiting the expression of views by...

Three NYSBA Ethics Opinions Interpret New MDP Rules

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By Mary C. Daly [Originally published in NYPRR August 2002] You have identified a non-legal service that you want to extend to your clients and to others. For the purposes of this article, let’s say that the service will consist of mortgage...

Working Under New Rules on Multidisciplinary Practice

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By Gary A. Munneke [Originally published in NYPRR October 2001] New York has become the first American jurisdiction to adopt a regulatory scheme for multidisciplinary practice. In NYPRR Sept 2001 issue, Professor Roy Simon provided a section-by-section...

When Client Threatens Suicide: Duty Not to Disclose

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By Jay C. Carlisle & Jonathan A. Weiss [Originally published in NYPRR September 2001] Last month in Chicago, lawyers met at the American Bar Association’s annual meeting to consider proposals to amend Model Rule 1.6 to permit a lawyer to reveal...