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Comments 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...
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Comments 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...
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Comments 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,...
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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...
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Comments 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...
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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,...