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Comments Off on Court Denies Referral Fee to No-Show Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2010] Instinctively, the draftsmen of our ethical rules and standards have been reluctant to recognize or confirm the right of a lawyer to collect an unearned referral fee. an unearned referral fee...
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Comments Off on Lawyer Admitted in N.J. and N.Y. Challenges New York Office Rule
By Lazar Emanuel [Originally published in NYPRR March 2010] Author’s Note: Section 478 of the Judiciary Law is the source of the prohibition against practice in New York by nonresident lawyers: It shall be unlawful for any natural person to practice...
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Comments Off on Multijurisdictional Law Practice By Corporate Counsel
By Lazar Emanuel [Originally published in NYPRR February 2010] Since April 1, 2009, when the new Rules of Professional Conduct became effective, the Committee on Professional Ethics of the State Bar has been busy issuing Ethics Opinions on issues...
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Comments Off on City Bar OKs Referral Fees to Pro Bono Organizations
By Lazar Emanuel [Originally published in NYPRR August 2009] As the City Bar’s Committee on Professional and Legal Ethics has informed us, there is a growing trend among law firms to pay referral fees to pro bono organizations for referrals of...
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Comments Off on Conflict Consents Under Code Do Not Need Written Confirmation Under New Rules
By Lazar Emanuel [Originally published in NYPRR July 2009] In its first opinion dealing with the transition from the Code to the new Rules of Professional Conduct, the NYSBA Committee on Professional Ethics has decided that a conflicts consent which...
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Comments Off on Personal Reassessment in a Hardscrabble Time
By Lazar Emanuel [Originally published in NYPRR April 2009] Hundreds of lawyers are suffering the anguish and trauma of job loss or lay-off. If you’re among them, you are justifiably angry and frustrated. Caught in a swirl of events you did not cause...
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Comments Off on Fixing the Date When the Client Relationship Ends
By Lazar Emanuel [Originally published in NYPRR December 2008] We all know that the statute of limitations for legal malpractice actions is three years. And now we know — at least, in the First Department — that the only way to be sure that the...
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Comments Off on Arbitration of Fee Disputes — Real or Only an Illusion?
By Lazar Emanuel [Originally published in NYPRR November 2008] Prior to Jan. 1, 2002, the only lawyer/client fee disputes requiring submission to arbitration were disputes in domestic relations matters. Then, on Jan. 1, 2002, Sections 136.1-136.11 of...
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Comments Off on Searching for the Truth — A Function of the Judiciary?
By Lazar Emanuel [Originally published in NYPRR October 2008] Editor’s note: The search for facts is a function of the trial court judge, with or without the help of a jury. Appellate Court judges have the benefit of communication with other minds,...
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Comments Off on Wrong Plaintiff? Wrong Defendant? Beware a Motion for Sanctions
By Lazar Emanuel [Originally published in NYPRR August 2008] Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has “standing” to sue this defendant. In an action to recover...
