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Comments Off on “Illegal” Conduct Under Rule 1.2: When Does Advice to a Client Violate an Attorney’s Ethical Obligations?
By Lewis Tesser and Timothy Nolen Many attorneys have experienced situations in which a client has sought advice about proposed actions which “push the legal limit” or are even clearly illegal. How far—if at all—may attorneys go in assisting a client...
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Comments Off on Enron Debacle — A Primer for N.Y. Lawyers
By Mary C. Daly [Originally published in NYPRR June 2002] The collapse of the Enron Corporation and the indictment of Arthur Andersen have generated a great deal of communal soul searching about how to establish and maintain an ethical environment in a...
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Comments Off on Finding Answers to Ethical Problems
By Phil Schatz [Originally published in NYPRR October 2001] The nightmare can take many forms, some worse than others, but all bad. You receive a letter from the Departmental Disciplinary Committee enclosing a copy of a complaint that a former client...
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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...
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Comments Off on Passing the Baton When a Lawyer Is Disqualified
By Mary C. Daly [Originally published in NYPRR July 2001] The event you most dreaded has just occurred. Your adversary has moved — successfully — for the disqualification of your law firm in an important matter involving a long-term client. After...
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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...
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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 Whistleblowing — Difficult Duty of DR 1-103(a)
By John Q. Barrett [Originally published in NYPRR June 2000] Last fall, I received a memorable telephone call from a former student. This young lawyer explained that he was calling me to seek professional responsibility advice for an unnamed friend who...
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Comments Off on Perils in Business Transactions with Client
By Mary C. Daly [Originally published in NYPRR March 2000] Entering into a business transaction with a client is fraught with ethical peril. Courts, disciplinary bodies, and bar association ethics committees have uniformly warned lawyers of the myriad...
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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...
