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Comments Off on ‘No-Contact’ Rule in NYS — Some Less Contentious Questions
By Bruce A. Green [Originally published in NYPRR August 1998] Over the past decade, there has been heated discussion about the scope of the “no-contact” rule. This is the rule that, generally speaking, forbids a lawyer from communicating directly with another lawyer’s client concerning matters relating to the subject of the representation. In...
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Comments Off on To Hell with Standards of Civility — Wait, Not So Fast!
By Roy Simon [Originally published in NYPRR June 1998] In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...
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Comments Off on When Complaint Is Filed Against You — How Disciplinary System Works
By Sarah Diane McShea [Originally published in NYPRR May 1998] Most lawyers will receive at least one complaint of unethical conduct at some point during their careers. This is true for lawyers who never practice law and it is true for lawyers who hold...
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Comments Off on Use of Email Creates Ethical Challenges
By Anthony E. Davis [Originally published in NYPRR May 1998] Communications by lawyers involve two sets of legal and ethical principles — the legal and ethical obligation to protect privileged information, and the legal and ethical obligation to...
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Comments Off on Walking a Tight Rope: Preserving the Attorney-Client Privilege
By Kirsten L. Christopher [Originally published in NYPRR April 1998] As trusted members of management, in-house counsel play an active role in business decision-making. Because in-house lawyers serve a dual role, many executives believe all...
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Comments Off on Stiffer Sanctions for Frivolous Litigation Conduct: Amended Part 130 Now in Effect
By Roy Simon [Originally published in NYPRR April 1998] Tougher sanctions for frivolous litigation conduct in New York State courts are in place as of March 1, 1998, when amendments to 22 NYCRR Part 130 took effect. The amendments, which build on...
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