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Posts Tagged ‘Lazar Emanuel’

  • Lawyer’s Duty to Disclose Client’s Fraud in Litigation

    NYPRR Archive • • Comments Off on Lawyer’s Duty to Disclose Client’s Fraud in Litigation

    By Lazar Emanuel [Originally published in NYPRR April 2002]   Facts: While represented by Lawyer 1 in a bitter divorce action, Client signed a Net Worth Statement. Lawyer 2 was substituted for Lawyer 1 and proceeded to respond to several motions by...

  • Colorado Claims Jurisdiction Over New York Malpractice

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    By Lazar Emanuel [Originally published in NYPRR April 2002]   The Supreme Court of Colorado has held that a New York lawyer who represented a Colorado resident (Keefe) in a New York litigation is subject to Colorado’s long-arm statute and may be sued...

  • Ninth Circuit in Conflict with Fifth Circuit Over IOLTA

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    By Lazar Emanuel [Originally published in NYPRR January 2002]   In an en banc decision on rehearing, the Court of Appeals for the Ninth Circuit has reached a decision affecting the IOLTA program of the State of Washington which is directly contra to the...

  • Sanctions Against Law Firm Survive Appeal

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    By Lazar Emanuel [Originally published in NYPRR December 2001]   Although it succeeded in avoiding a motion to strike its answer and affirmative defenses on behalf of defendant General Motors Corporation, the Albany law firm of Thorn, Gershon, Towne,...

  • Firm Disqualified from Arguing Motion

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    By Lazar Emanuel [Originally published in NYPRR December 2001]   The firm of Newman & Greenberg was retained to represent one of the defendants against a federal indictment for money laundering and conspiracy to launder money. The firm submitted a...

  • Federal Judges Apply Sanctions for Improper Motion Practice

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    By Lazar Emanuel [Originally published in NYPRR December 2001]   In two decisions, federal judges in the Southern District have imposed sanctions on New York lawyers under 28 U.S.C. §1927. Both cases dealt with motion practice that the judges found to...

  • Do States’ IOLTA Programs Violate Fifth Amendment?

    NYPRR Archive • • Comments Off on Do States’ IOLTA Programs Violate Fifth Amendment?

    By Lazar Emanuel [Originally published in NYPRR December 2001]   Over the last 20 years, virtually all 50 states have adopted programs creating Interest-on-Lawyer-Trust-Accounts. In most states these are called IOLTA accounts. In New York, they are...

  • Attorney Sanctioned Twice in Same Action

    NYPRR Archive • • Comments Off on Attorney Sanctioned Twice in Same Action

    By Lazar Emanuel [Originally published in NYPRR December 2001]   Attorney David Michaels of Spencertown has managed to have sanctions imposed against him for the second time in the same matrimonial action. [Ruzzio v. Ruzzio, App. Div. 3rd Dept., 88123A...

  • Durable Powers and Client’s Incapacity

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    By Lazar Emanuel [Originally published in NYPRR November 2001]   In Ethics Opinion 746, issued July 18, 2001, the New York State Bar Association considered the issues facing a lawyer who holds a client’s “durable” power of attorney and learns that...

  • Conflicts and Referral Fees

    NYPRR Archive • • Comments Off on Conflicts and Referral Fees

    By Lazar Emanuel [Originally published in NYPRR November]   In Ethics Opinion 745, the NYSBA considered the issue of referrals to another lawyer by a lawyer who is disqualified from continuing a representation by virtue of a conflict of interest. The...

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