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Comments Off on Felonies & Serious Crimes in Lawyer Discipline
By Lazar Emanuel [Originally published in NYPRR August 2002] The rules governing the commission of crimes by New York lawyers and the resulting scope of discipline by the courts require research in several places, including the New York Code of...
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Comments Off on ABA Commission Rejects Law Firm Discipline
By Lazar Emanuel [Originally published in NYPRR August 2001] On Nov. 27, 2000, the ABA’s “Ethics 2000” Commission issued its report recommending changes in the ABA Model Rules. Among its recommendations, the Commission proposed amendments to...
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Comments Off on Revisiting Law Firm Discipline — Does It Really Work?
By Sarah Diane McShea [Originally published in NYPRR February 2001] Nearly five years ago, New York became the first state to require law firms — not just individual lawyers — to comply with existing lawyer ethics codes. The May 1996 revisions to...
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Comments Off on Waiting for Courts to Amend Code
By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal...
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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 Duty to Supervise: A Firm Responsibility
By Marvin Frankel & Charlotte Fischman [Originally published in NYPRR August 2000] New York stands alone in requiring law firms as well as lawyers (at least those with management responsibility in the firm or “direct supervisory authority” over...
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Comments Off on Patent Attorneys Subject to Discipline in New York
By Lazar Emanuel [Originally published in NYPRR February 2000] Is a patent attorney who is also admitted to practice in New York subject to the same grievance machinery which is applicable to other lawyers under the rules of the Appellate Divisions and...
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Comments Off on Undercover Investigators & Disciplinary Rules
By Roy Simon [Originally published in NYPRR January 2000] Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...
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Comments Off on Anti-Contact Rule & Subordinate Employees
By Hal R. Lieberman [Originally published in NYPRR January 2000] My colleague Roy Simon has written an article, “Undercover Investigators & Disciplinary Rules,” which appears in NYPRR January 2000, in which he reviews in detail the facts and...
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Comments Off on Spoliation of Evidence: What Are Ethics Issues?
By Barbara S. Gillers [Originally published in NYPRR November 1999] What do you tell a client who wants to destroy documents or other real evidence? What if preserving the evidence could harm the client in the event of a lawsuit but no lawsuit is...
