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Posts Tagged ‘Conflicts’

  • Multiple Representation When Recovery Fund Is Limited

    NYPRR Archive • • Comments Off on Multiple Representation When Recovery Fund Is Limited

    By Lazar Emanuel [Originally published in NYPRR May 2001]   The decision by Nassau County Supreme Court Judge F. Dana Winslow in Gentile v. Hart Limousine and Entertainment, provides interesting instruction on the conflicts of interest inherent in the...

  • Who Is Your Client — The Business or Its Owners

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on Who Is Your Client — The Business or Its Owners

    By Mary C. Daly [Originally published in NYPRR March 2001]   Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is...

  • City Bar Says ‘Affiliate’ Firms Must Observe Conflicts Rules

    NYPRR Archive • • Comments Off on City Bar Says ‘Affiliate’ Firms Must Observe Conflicts Rules

    By Lazar Emanuel [Originally published in NYPRR March 2001]   Formal Opinion 2000-4 In Formal Opinion 2000-4, the Association of the Bar of the City of New York has reviewed the circumstances under which two firms may describe themselves as...

  • Prospective Client & Proposed Model Rule 1.18

    NYPRR Archive • • Comments Off on Prospective Client & Proposed Model Rule 1.18

    By Marvin E. Frankel & Ronald W. Adelman [Originally published in NYPRR February 2001]   The ABA’s Ethics Commission 2000 has proposed a draft new Model Rule 1.18, titled “Duties to a Prospective Client.” The proposed rule, which merits and...

  • Growing Trend Against Motions to Disqualify

    NYPRR Archive • • Comments Off on Growing Trend Against Motions to Disqualify

    By Roy Simon [Originally published in NYPRR January 2001]   In the prior installments of this article, I considered the reluctance of the district courts to disqualify lawyers on conflicts issues, even when discipline for a breach of the ethics rules may...

  • Resolving Conflicts in Closely-Held Business

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    By Mary C. Daly [Originally published in NYPRR November 2000]   [Editor’s note: This is the second installment of a two-part article.] Last month’s column [NYPRR Oct. 2002] explored how the entity theory of representation can trigger especially...

  • Putting Screens Around Lateral Hire

    NYPRR Archive • • Comments Off on Putting Screens Around Lateral Hire

    By Barbara Gillers [Originally published in NYPRR September 1999]   The recent amendments to DR 5-108 modernize New York’s rule governing the imputation of conflicts when a lawyer changes firms. The New York rule now conforms to ABA Model Rule 1.9(b),...

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