MENU

Posts Tagged ‘Confidentiality’

  • Distinguishing Among Past, Continuing & Future Crimes

    NYPRR ArchiveComments Off on Distinguishing Among Past, Continuing & Future Crimes

    By Mary C. Daly [Originally published in NYPRR January 2003]   Two different clients visit a lawyer’s office on the same afternoon. Client A tells the lawyer that he’s been desperate for money and has robbed a bank: “I did it last week.” He asks...

  • Ethics Opinions from Other Jurisdictions

    NYPRR ArchiveComments Off on Ethics Opinions from Other Jurisdictions

    [Originally published in NYPRR April 2002]   Ohio: Agreement By Law Firm to Pay ‘Promotion’ Fee to Real Estate Agency An Ohio law firm proposed to pay an annual fee to a real estate agency and to discount its fees to the agency’s customers in...

  • Confidential Settlements & Restrictive Settlement Agreements

    NYPRR ArchiveComments Off on Confidential Settlements & Restrictive Settlement Agreements

    By Roy Simon [Originally published in NYPRR March 2001]   Litigators enter into confidential settlement agreements every day. But if the First Department’s recent decision in Bassman v. Fleet Bank is correct, defendants have suddenly gotten a windfall,...

  • Ethics 2000 Commission Issues Timely Report

    NYPRR ArchiveComments Off on Ethics 2000 Commission Issues Timely Report

    By Steven C. Crane [Originally published in NYPRR January 2001]   The American Bar Association produced the Canons of Professional Ethics in 1908 and the Model Code of Professional Responsibility in 1969. It introduced the Model Rules of Professional...

  • How to Protect Against Inadvertent Disclosure of Privileged Documents

    NYPRR ArchiveComments Off on How to Protect Against Inadvertent Disclosure of Privileged Documents

    By Roy Simon [Originally published in NYPRR August 2000]   During my first few years of practice, my firm and its co-counsel were defending a large client against a government lawsuit. A name partner in the co-counsel firm was in charge of document...

  • Who Owns Privilege After Merger?

    Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments Off on Who Owns Privilege After Merger?

    By Stephen Gillers [Originally published in NYPRR July 2000]   [Editor’s note: This is Part II of a two-part article.] In last month’s NYPRR (June 2000), we identified several lawyer regulatory issues of particular concern to corporate and...

  • AmeriCounsel: Guaranteed Legal Services at Flat Fees on Internet

    NYPRR ArchiveComments Off on AmeriCounsel: Guaranteed Legal Services at Flat Fees on Internet

    By Roy Simon [Originally published in NYPRR June 2000]   Suppose you are a potential client shopping for legal services over the Internet. You find www.AmeriCounsel.com, a company affiliated with Harvard Law School Professor Arthur Miller. Topping the...

  • Defending Yourself Against Charges By Third Parties

    NYPRR ArchiveComments Off on Defending Yourself Against Charges By Third Parties

    By John B. Harris [Originally published in NYPRR May 2000]   You’re retained by general counsel to XYZ Corporation to negotiate the sale of one of its divisions. The sale goes through, but six months later you get a letter from the buyer’s lawyer...

  • Lawyer’s Duties When Co-Clients Battle

    NYPRR ArchiveComments Off on Lawyer’s Duties When Co-Clients Battle

    By Lazar Emanuel [Originally published in NYPRR February 2000]   A lawyer who undertakes to represent two clients with seemingly common interests will often find that the interests eventually diverge. When they do, he may be asked to represent one client...

  • Things Old & New — Code Amendments

    Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments 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,...