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Three Case Digests: July 2001

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By Lazar Emanuel [Originally published in NYPRR July 2001] Non-Client Defendant May Move to Disqualify Counsel The Brickman law firm represented Client Matthews in an age discrimination claim against his former employer, defendant’s predecessor in interest. The claim was settled. Client Skidmore, a fellow employee of Matthews, retained the Brickman...

When Unsolicited Information Comes Over the Transom

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By Jonathan J. Lerner [Originally published in NYPRR June 2001] [Note: In NYPRR Feb. 2001, Marvin Frankel and Ronald Adelman discussed proposed ABA Model Rule 1.18, which deals generally with a lawyer’s duties to a prospective client. This article...

When Lawyers Err — Grounds for Discipline

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By Lazar Emanuel [Originally published in NYPRR April 2001] Several recent Disciplinary Proceedings before the Appellate Division, Second Department provide valuable lessons into the snares and pitfalls confronting every lawyer. It’s instructive to...

Who Is Your Client — The Business or Its Owners

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By Mary C. Daly [Originally published in NYPRR March 2001] Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is...

When Lawyer-Mediator May Draft Divorce Papers

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By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 736 The NYSBA Committee on Professional Ethics has reviewed the duties of a lawyer-mediator who resolves the terminal dispute between husband and wife and then is asked to draft...

When Your Client Plans to Commit a Crime

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By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...

Waiting for Courts to Amend Code

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By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal...

Working Without Fees: Failure to Heed Rules in Domestic Relations Matters

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By Lazar Emanuel [Originally published in NYPRR December 2000] Two decisions by New York County Supreme Court judges imposed draconian penalties on lawyers who failed to follow the rules controlling retainer agreements, client billing, arbitration...

The Heat Subsides: Future of MDPs in New York

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By Steven C. Krane [Originally published in NYPRR September 2000] In NYPRR July 2000 issue, we reported on what were then imminent debates in the Houses of Delegates of the New York State Bar Association (NYSBA) and the American Bar Association (ABA)...

‘Noisy Withdrawal’ from Client’s Fraud

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By Mary C. Daly [Originally published in NYPRR August 2000] This article discusses DR 4-101(C)(5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in...