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Comments Off on Responding to Client’s Fraud: The Controlling Rules
By Linda Galler [Originally published in NYPRR June 2002] That should you do if a client has used your legal services to commit fraud or engage in a criminal act? That question was recently addressed by the Nassau County Bar Association Committee on...
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Comments Off on Lawyer’s Duty to Disclose Client’s Fraud in Litigation
By Lazar Emanuel [Originally published in NYPRR April 2002] Facts: While represented by Lawyer 1 in a bitter divorce action, Client signed a Net Worth Statement. Lawyer 2 was substituted for Lawyer 1 and proceeded to respond to several motions by...
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Comments Off on ‘Noisy Withdrawal’ from Client’s Fraud
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...
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Comments Off on Misdeeds of Clients & Lawyer’s Response
By Lazar Emanuel [Originally published in NYPRR November 1999] One of the recurring debates among legal ethicists revolves around the responsibility of the lawyer to report the misdeeds of his client. The conflict is between the lawyer’s duty of...
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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...