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Comments Off on States Follow ABA Lead in Promoting MJP
By Lazar Emanuel [Originally published in NYPRR February 2003] A number of developments among the states have accelerated the Bar’s general acceptance of wider multi-jurisdictional practice (MJP). The states are following the lead of the ABA, which,...
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Comments Off on Speak Not Until Spoken to: An Editorial
By Lazar Emanuel [Originally published in NYPRR February 2003] [Publisher’s Note: The opinions expressed in our Editorials are those of the publisher. NYPRR invites comment from lawyers on issues of Ethics and Professionalism.] We were taught to...
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Comments Off on Nassau Bar Okay’s Real Estate Closings by Paralegals
By Lazar Emanuel [Originally published in NYPRR February 2003] An ethics opinion of the Nassau Bar has advised that under the general provisions of DR 1-104(C) (requiring a law firm to supervise the work of partners, associates, and non-lawyers who...
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Comments Off on The Last Thing We Need: An Editorial
By Lazar Emanuel [Originally published in NYPRR February 2003] [Publisher’s Note: The opinions expressed in our Editorials are those of the publisher. NYPRR invites comment from lawyers on issues of Ethics and Professionalism.] The last thing in the...
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Comments Off on Counsel’s Stipulation Renders Assistance Ineffective
By Lazar Emanuel [Originally published in NYPRR February 2003] In People v. Berroa [N.Y. No. 151, 11/21/02], the New York Court of Appeals confronted a case of ineffective assistance of counsel under circumstances substantially different from those...
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Comments Off on Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance
By Lazar Emanuel [Originally published in NYPRR February 2003] The Sixth Amendment guarantees that “In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” The courts have construed this...
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Comments Off on Alleging Fraud in Withholding Knowledge of Malpractice
By Lazar Emanuel [Originally published in NYPRR ] Plaintiff Ferdinand sued lawyers Crecca & Blair on account of their services in connection with a landlord/tenant action which resulted in Plaintiff’s eviction from the contested premises. In her...
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Comments Off on N.Y. Courts Adopt Committee Suggestions on Fiduciaries
By Lazar Emanuel [Originally published in NYPRR January 2003] By order of Chief Judge Judith Kaye, the courts have added new Rule 36 to 22 NYCRR. The new Rule is entitled “Appointments By the Court,” and incorporates most of the changes in the...
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Comments Off on ‘Partnership’ Accounting Denied to P.C. Member
By Lazar Emanuel [Originally published in NYPRR December 2002] A lawyer who joins and participates as a member of a law firm organized as a professional corporation may not obtain a “partnership” accounting from the other lawyers in the firm....
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Comments Off on Court Rejects Motion to Void Specialization Disclaimer Rule
By Lazar Emanuel [Originally published in NYPRR December 2002] In 1995, attorney J. Michael Hayes (Buffalo, NY) was certified in “Civil Trial Advocacy” by the National Board of Trial Advocacy, an organization accredited by the American Bar...
