-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on When Client Threatens Suicide: Duty Not to Disclose
By Jay C. Carlisle & Jonathan A. Weiss [Originally published in NYPRR September 2001] Last month in Chicago, lawyers met at the American Bar Association’s annual meeting to consider proposals to amend Model Rule 1.6 to permit a lawyer to reveal...
-
NYPRR Archive •
admin •
Comments Off on Duty to Disclose Error That May Constitute Malpractice
By Lazar Emanuel [Originally published in NYPRR February 2001] When does a lawyer have a duty to report to a client an error or omission that may lead to a malpractice claim against the lawyer? And when does the lawyer have a duty to withdraw after...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on When Your Client Plans to Commit a Crime
By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...
-
NYPRR Archive •
admin •
Comments Off on Prospective Client Perjury: A Lawyer’s Dilemma
By Hal R. Lieberman [Originally published in NYPRR December 2000] One of the most confounding ethical dilemmas facing a criminal defense lawyer is the prospect that her client intends to testify falsely. Although the prohibition against knowingly...
-
NYPRR Archive •
admin •
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...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
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...
-
NYPRR Archive •
admin •
Comments Off on Perils of Investing in a Client
By Mary C. Daly [Originally published in NYPRR May 2000] Hardly a day goes by without another article in the press reporting the fantastic profits being made by law firms that invest in clients’ businesses. [See, e.g., Renee A. Deger, “Stake Diner,...
-
NYPRR Archive •
admin •
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...
-
NYPRR Archive •
admin •
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...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...
