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Comments Off on Applying Conflicts Rules When a Lawyer Moves
By Lazar Emanuel [Originally published in NYPRR December 1999] N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of...
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Comments Off on Misdeeds of Clients & Lawyer’s Response
By Lazar Emanuel [Originally published in NYPRR November 1999] One of the recurring debates among legal ethicists revolves around the responsibility of the lawyer to report the misdeeds of his client. The conflict is between the lawyer’s duty of...
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Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...
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Comments Off on Improper Provisions in Retainer Agreements
By Lazar Emanuel [Originally published in NYPRR October 1999] N.Y. State Opinion 719 (1999) The Rules of the Appellate Division require that all attorneys in domestic relations matters “execute a written agreement with the client setting forth in...
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Comments Off on Lawyer Needs Insured’s Consent Before Submitting Bills to Insurer’s Auditor
By Lazar Emanuel [Originally published in NYPRR June 1999] N.Y. State Bar Op. 716 (1999) Question: May a lawyer representing an insured in a civil action submit his legal bills to an independent audit company employed by the insurance carrier without...
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Comments Off on Lawyer May Bill Hourly Rate When Appearing as Witness
By Lazar Emanuel [Originally published in NYPRR June 1999] N.Y. State Bar Op. 714 (1999) Question: May a lawyer accept compensation from a former client for time in preparing to testify in a matter and for testifying as a witness? Answer: Yes, provided...
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Comments Off on Contract Lawyer & Client Confidences
By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR June 1999] [Editor’s note: This is our third article on the temporary or contract lawyer. In the two previous articles, we dealt with Conflicts of Interest and Imputed...
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Comments Off on When Lawyer Should Comply with Client Instructions
By Lazar Emanuel [Originally published in NYPRR May 1999] N.Y. State Bar Op. 713 (1999) Question: A lawyer has drafted a deed for his client who is taking title to parcels of real estate in satisfaction of a preexisting debt. The client has instructed the...
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Comments Off on Contract Lawyer & Imputed Disqualification
By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR May 1999] In the first article in this series on the temporary or “contract” lawyer, we dealt with the safeguards available to the hiring partner in screening for existing or...
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Comments Off on Avoid Conflicts of Interest When Hiring Contract Lawyers
By Kirsten Christophe & Lazar Emanuel [Originally published in NYPRR April 1999] [Editor’s Note: This article was conceived before the release of NYSBA Ethics Opinion 715 (3-98), on Feb. 26, 1999. Because of the importance of Opinion 715, the...
