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Comments Off on Federal Courts Construe Rule 11 Sanctions Motions
By Lazar Emanuel [Originally published in NYPRR October 2002] Two decisions by judges in the New York federal courts construing Rule 11 of the Federal Rules of Civil Procedure warrant scrutiny. Rule 11(c) permits federal trial judges to impose...
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Comments Off on City Bar Reverses Stand on Adverse Client Contact
By Lazar Emanuel [Originally published in NYPRR October 2002] Reversing a position taken more than 10 years ago [New York City Formal Op. 1991–92], the Ethics Committee of the City Bar has decided that a lawyer may assist a client to communicate...
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Comments Off on Supreme Court Strikes Limits on Speech by Judicial Candidates
By Lazar Emanuel [Originally published in NYPRR September 2002] In a decision with wide impact on future judicial electoral campaigns, the Supreme Court has struck down as a violation of free speech all rules limiting the expression of views by...
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Comments Off on Pecuniary Damages Rule Applied to Malpractice in Criminal Cases
By Lazar Emanuel [Originally published in NYPRR September 2002] In Wolkstein v. Morgenstern [713 N.Y.S.2d 171 (App. Div. 1st Dept. 2000)], the First Department promulgated a simple and clear rule in all civil cases: Except in cases of conduct “so...
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Comments Off on Lawyers in Social Security Cases May Recover Contingent Fees
By Lazar Emanuel [Originally published in NYPRR September 2002] Traditionally, lawyers representing clients on social security claims have relied on contingent fee agreements providing for fees equal to 25 percent of past-due benefits recovered. In an...
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Comments Off on Felonies & Serious Crimes in Lawyer Discipline
By Lazar Emanuel [Originally published in NYPRR August 2002] The rules governing the commission of crimes by New York lawyers and the resulting scope of discipline by the courts require research in several places, including the New York Code of...
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Comments Off on Disposing of Escrow Funds Belonging to Missing Client
By Lazar Emanuel [Originally published in NYPRR August 2002] What are a lawyer’s obligations in either of the following circumstances? Example One: A law firm recovered a judgment in behalf of its client. The judgment provided for payment in annual...
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Comments Off on ABA Commission Reports on Multijurisdictional Practice
By Lazar Emanuel [Originally published in NYPRR July 2002] The ABA’s Commission on Multijurisdictional Practice has issued its final recommendations for the control of multijurisdictional practice by lawyers. The Commission defines...
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Comments Off on Firm Disqualified for Conflict Between Clients
By Lazar Emanuel [Originally published in NYPRR May 2002] In R.M. Buck Construction Corporation v. Village of Sherbourne [#90788 (April 4, 2002)], the Appellate Division, Third Department, ordered the disqualification of Melvin & Melvin LLP, a...
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Comments Off on NYSBA Reverses Stand on Contingent Post-Divorce Collection Fees
By Lazar Emanuel [Originally published in NYPRR April 2002] After 25 years, the State Bar has decided that under the present rules, a New York lawyer may not “enter into an arrangement for, charge, or collect a contingent fee in a post-divorce action...
