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Comments Off on Commentary: “Stern v. Bluestone” Decision Troublesome
By Lazar Emanuel [Originally published in NYPRR March 2008] I am troubled by the court’s decision in Stern v. Bluestone (App. Div. 1st Dept., No. 1926 111895/05, 1/31/08). Attorney Stern sued Attorney Bluestone under the federal Telephone Consumer...
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Comments Off on Searching for the Facts in “Lawrence v. Graubard”
By Lazar Emanuel [Originally published in NYPRR January 2008] DR 2-106 [22 NYCRR 1200.11] is the only Rule in the Code dealing specifically with fees for legal services, including contingent fees. The Rule prohibits (1) contingent fees in all criminal...
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Comments Off on Shining a Brighter Light on the ‘Lodestar’
By Lazar Emanuel [Originally published in NYPRR November 2007] Courts are often confronted with the challenge of determining a reasonable fee for lawyers involved in litigation. In interpreting what has become known as the “Lodestar” method, which...
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Comments Off on Litigation Over Lawyer Ratings Continues in N.Y. & N.J.
By Lazar Emanuel [Originally published in NYPRR November 2007] Still unresolved in both New York and New Jersey is the issue of lawyer ratings by such organizations as Martin-Dale-Hubbell, Super Lawyers, and Best Lawyers. Several new rating services...
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Comments Off on Last Word on High-Low Agreements
By Lazar Emanuel [Originally published in NYPRR November 2007] Since the decision of the Court of Appeals on June 27, 2007, in Matter of Eighth Judicial District Asbestos Litigation (Asbestos), dealing with high-low agreements, an unusual number of...
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Comments Off on N.Y. Associate May Manage N.Y. Office for N.J. Partner
By Lazar Emanuel [Originally published in NYPRR October 2007] In Ethics Opinion 814, issued May 15, 2007, the NYSBA considered the following facts: A law firm with an office in New Jersey supervised by a partner of the firm wishes to open an office in...
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Comments Off on Metadata, ESI & Federal Discovery Rules
By Lazar Emanuel [Originally published in NYPRR July 2007] [Editor’s note: Research and guidance for this article were contributed by my son David Emanuel, IT consultant.] In last month’s NYPRR (June 2007), I offered a definition of the term...
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Comments Off on Metadata & Lawyers: An Issue That Will Not Die
By Lazar Emanuel [Originally published in NYPRR June 2007] [Author’s note: I am indebted for much of the technical material in this article to my son David, IT consultant, who has guided me, as he always does, through the maze of technology...
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Comments Off on Second Department Interprets Engagement Rule
By Lazar Emanuel [Originally published in NYPRR May 2007] We might have expected that a controversial Rule promulgated by the Appellate Divisions in concert especially one that has received disparate interpretation in the lower courts – would be...
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Comments Off on Looking for Solution to Misuse of Client Funds
By Lazar Emanuel [Originally published in NYPRR April 2007] [Editor’s note: This is the first of a series on misappropriation of client funds by lawyers holding escrow deposits.] Although the number of offending lawyers is small, and the total of...
