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NYLER Archive •
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Comments Off on New York’s Catch-All Rule: Is It Needed? Part 2
By Hal R. Lieberman and Harvey Prager Last month we began our exploration of NYRPC 8.4(h), which prohibits a lawyer from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.” We discussed the origins of this...
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Comments Off on New York’s Catch-All Rule: Is It Needed? Part 1
By Hal R. Lieberman and Harvey Prager New York is one of only five states where the Rules of Professional Conduct prohibit a lawyer, without more, from “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer” — the...
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Comments Off on Six Clients in Search of a Lawyer: Or, Don’t Take the Case
By Hal R. Lieberman [Originally published in NYPRR May 2002] New lawyers starting out in practice, or even seasoned attorneys seeking increased business, are occasionally tempted to take on matters in which the client seems well able to afford the...
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Comments Off on Disqualification Denied Again: “Amazonas” Case
By Hal R Lieberman [Originally published in NYPRR July 2001] The usual context for asserting a disqualification motion is an alleged conflict of interest pitting the lawyer’s current client against another current or former client. In a series of...
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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...
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Comments Off on “Citrin” Case: Do Disbarred Lawyers Have Constitutional Rights?
By Hal R. Lieberman [Originally published in NYPRR October 2000] In 1987, mired in debt, Nassau County attorney Peter Citrin became involved in a fraudulent mortgage scheme, devised by others, so he could generate “income” to pay off gambling...
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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 Lawyer’s Incivility Provokes Three-Month Suspension
By Hal R. Lieberman [Originally published in NYPRR July 1999] In 1993, I wrote an article for the New York Law Journal entitled, “Lawyer Incivility Is Also Unethical.” [See, NYLJ, 11/15/93, p. 1, col. 1.] The article described three cases decided...
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Comments Off on Future of Attorney Discipline in N.Y.’s First Judicial Department
By Hal R. Lieberman [Originally published in NYPRR February 1999] As the year 2000 approaches, the legal profession in the U.S. will soon number nearly one million. There will be 175,000 of us in New York alone, 60,000 in the First Judicial Department....
