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Comments Off on NYCLA Opinions 727 & 728 (1999)
By Roy Simon [Originally published in NYPRR December 1999] Here are two New York County Lawyers Association Opinions, issued June 30, 1999, discussing issues that arise when a judge joins a firm (727), and when the only partner with a particular specialty...
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Comments Off on Applying Conflicts Rules When a Lawyer Moves
By Lazar Emanuel [Originally published in NYPRR December 1999] N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of...
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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...
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Comments Off on Limits on Proper Acceptance of Client’s Story
By Marvin E. Frankel [Originally published in NYPRR July 1999] Among the more horrifying and publicized of recent cases; the guilty plea of Justin Volpe, involving severe injuries to a victim from a bloody assault in a police station, stands out. To...
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Comments Off on The Ethics of Ethics Consulting
By Roy Simon [Originally published in NYPRR April 1999] Protecting client confidences and secrets is among a lawyer’s most solemn obligations under the Code of Professional Responsibility A lawyer who breaches client confidentiality without...
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Comments Off on How Bar Association Ethics Committees Operate
By Roy Simon [Originally published in NYPRR November 1998] Ethics issues arise in your law practice every day. Most of them you can resolve fairly easily, usually by looking at the New York lawyer’s Code of Professional Responsibility (which is...
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Comments Off on Researching Ethics Issues in N.Y.: Adventures in the Archipelago
By Steven C. Krane [Originally published in NYPRR July 1998] To paraphrase Yogi Berra, 90 percent of legal ethics is one-half issue spotting. Many lawyers violate ethical or legal principles simply because they are not aware that there is a rule...
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Comments Off on Ethics & Professional Responsibility Issues in Large Law Firms
By Sarah Diane McShea [Originally published in NYPRR July 1998] Until recently, there was a general consensus in the legal profession that ethical lapses were primarily a problem for solo practitioners and small firm lawyers and that lawyers in large...
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Comments Off on To Hell with Standards of Civility — Wait, Not So Fast!
By Roy Simon [Originally published in NYPRR June 1998] In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...