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Posts Tagged ‘Lazar Emanuel’

  • Nassau Bar Rejects Lawyer Role in Arbitration Firm

    NYPRR Archive • • Comments Off on Nassau Bar Rejects Lawyer Role in Arbitration Firm

    By Lazar Emanuel [Originally published in NYPRR May 2004]   A lawyer planned to establish and invest in a business whose purpose was consultation with, and representation of, investors in securities-related arbitration proceedings. The other participants...

  • Lawyer Faces Sanctions for Assertions in Brief

    NYPRR Archive • • Comments Off on Lawyer Faces Sanctions for Assertions in Brief

    By Lazar Emanuel [Originally published in NYPRR May 2004]   Lawyers who insert intemperate or incendiary language about the opposing client in the briefs they submit to the Appellate Division, Second Department, can expect to be hauled before the court...

  • Courts Consider Third-Party Malpractice Claims

    NYPRR Archive • • Comments Off on Courts Consider Third-Party Malpractice Claims

    By Lazar Emanuel [Originally published in NYPRR May 2004]   A number of courts have considered the circumstances under which a lawyer may be liable to non-client third parties for malpractice. In New York, the court upheld a claim against the firm of...

  • Adverse Testimony By Defense Counsel Constitutes Ineffective Assistance

    NYPRR Archive • • Comments Off on Adverse Testimony By Defense Counsel Constitutes Ineffective Assistance

    By Lazar Emanuel [Originally published in NYPRR May 2004]   In People v. Lewis [NYLJ, 4/7/2004, p. 18], the Court of Appeals restated its position with respect to testimony by defense counsel in a criminal matter: Testimony by defense counsel on any...

  • Lawyers Must Accommodate ADA Disabilities

    NYPRR Archive • • Comments Off on Lawyers Must Accommodate ADA Disabilities

    By Lazar Emanuel [Originally published in NYPRR April 2004]   Did you know that your law office is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12181? Or that you are required to accommodate...

  • Town Attorney May Not Act As Defense Counsel

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on Town Attorney May Not Act As Defense Counsel

    By Lazar Emanuel [Originally published in NYPRR March 2004]   The case involved defense counsel for two defendants in separate proceedings in village court. The village is located entirely within the limits of the town represented by defense counsel as...

  • Attorney May Assign His Interest in Contingency Fee

    NYPRR Archive • • Comments Off on Attorney May Assign His Interest in Contingency Fee

    By Lazar Emanuel [Originally published in NYPRR March 2004]   Attorneys Cousins and Rosenberg entered into a retainer agreement with the wife of decedent in an action for medical malpractice and wrongful death against various doctors and North Shore...

  • State Bar Committee Proposes Four New Ethics Rules

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on State Bar Committee Proposes Four New Ethics Rules

    By Lazar Emanuel [Originally published in NYPRR February 2004]   The New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) has been engaged in a comprehensive review of the New York Code of Professional Responsibility...

  • Three Decisions of Interest

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on Three Decisions of Interest

    By Lazar Emanuel [Originally published in NYPRR February 2004]   Business Corp. Law §1505(a) Applies to Lawyer in P.C. The law firm of Jeffrey S. Dweck is organized as a P.C. Jeffrey S. Dweck is a shareholder in the P.C. The law firm agreed to act as...

  • Threatening Criminal Charges to Obtain Civil Advantage

    Current Issue, NYLER Archive, NYPRR Archive, Uncategorized • • Comments Off on Threatening Criminal Charges to Obtain Civil Advantage

    By Lazar Emanuel [Originally published in NYPRR January 2004]   In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third...

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