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Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the New York rules closer in scope and language to ABA Model Rule 1.8(a) [&hellip...
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Comments Off on Things Old & New — Code Amendments
By Stephen Gillers [Originally published in NYPRR September 1999] In one way, at least, the July 1999 amendments to the New York Code of Professional Responsibility did not much change it. The Code continues to be a composite of something old,...
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Comments Off on When Lawyer Should Comply with Client Instructions
By Lazar Emanuel [Originally published in NYPRR May 1999] N.Y. State Bar Op. 713 (1999) Question: A lawyer has drafted a deed for his client who is taking title to parcels of real estate in satisfaction of a preexisting debt. The client has instructed the...
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Comments Off on Your Client Is a Corporation — Are Its Affiliates Clients Too?
By Stephen Gillers [Originally published in NYPRR May 1999] Conflict of interest rules have become exponentially more complex in the last 25 years. Rules governing conflicts in the corporate family can be especially daunting. If you represent one...
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Comments Off on The Ethics of Ethics Consulting
By Roy Simon [Originally published in NYPRR April 1999] Protecting client confidences and secrets is among a lawyer’s most solemn obligations under the Code of Professional Responsibility A lawyer who breaches client confidentiality without...
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Comments Off on Three 1998 Nassau Bar Ethics Committee Opinions
By Roy Simon [Originally published in NYPRR March 1999] On Oct. 28, 1998, the Nassau County Bar Professional Ethics Committee issued the following three opinions. Defending Against Suit By Former Client [Nassau County Bar Op. 98-11 (1998)] An attorney...
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Comments Off on When Lawyers Work for Accounting Firms
By Linda Galler [Originally published in NYPRR February 1999] Large American accounting firms are following the lead of their counterparts in Europe by expanding the range of services offered to the public into areas traditionally served by law firms....
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Comments Off on Two NYCLA Ethics Opinions — Oct. 1998
By Roy Simon [Originally published in NYPRR January 1999] In October 1998, the NYCLA Committee on Professional Ethics issued two ethics opinions. Here are summaries of them: Discarding Old Files — NYCLA Op. 725 (10/6/1998) “When and how may a...
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Comments Off on State Bar Issues Opinion on Use of Internet
By Lazar Emanuel [Originally published in NYPRR December 1998] In its first major pronouncement on law practice over the Internet, the New York State Bar Association’s Committee on Professional Ethics has issued Ethics Opinion 709 (Sept. 16, 1998)....
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Comments Off on When Partners Part: Ethical Implications of Lawyer Mobility
By Steven C. Krane [Originally published in NYPRR September 1998] [Editor’s note: This is the first of two articles on the problems that arise when a partner decides to leave a firm. This article deals with the responsibilities of the partner who...
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