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Comments Off on ABCNY Opinion Defines Conditions for Advance Waivers
By Lazar Emanuel [Originally published in NYPRR May 2006] Two fairly recent but accelerating developments in the practice of law have prompted the ethics committee of the City Bar to review the conditions under which a law firm may “ethically request...
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Comments Off on ABA Opinion 06-438: Aggregate Settlements Require Detailed Disclosures
By Lazar Emanuel [Originally published in NYPRR May 2006] As the recommendation of COSAC that New York adopt the format of the ABA Model Rules moves closer to reality (the recommendation was endorsed by the NYSBA House of Delegates on April 1, 2006),...
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Comments Off on Prisoner’s Notes Protected By Attorney-Client Privilege
By Lazar Emanuel [Originally published in NYPRR April 2006] In a per curiam decision, the U.S. Court of Appeals for the Second Circuit has confirmed the right of a prison inmate to assert the attorney-client privilege with respect to entries in a...
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Comments Off on Celebrity Client Testimonials — NYSBA Opinion 792/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 792 — 2/14/2006 In Opinion 792, the Committee asked three questions concerning the use by a lawyer of a radio or TV testimonial by a celebrity client. Presumably, a celebrity client is...
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Comments Off on Participation in Business Networks — NYSBA Opinion 791/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 791 — 2/1/2006 The Committee was asked to reconsider its opinion 741(5/25/01), dealing with a lawyer’s participation in a business network which requires reciprocal referrals and which...
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Comments Off on N.Y. County Lawyers Proposes Changes in Client Funds Rules
By Lazar Emanuel [Originally published in NYPRR April 2006] In a letter addressed to Chief Judge Judith S. Kaye, the Committee on Professional Discipline of the New York County Lawyers Association has recommended that disbarred and suspended lawyers be...
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Comments Off on Arbitration Clause in Engagement Letter Violates Public Policy
By Lazar Emanuel [Originally published in NYPRR February 2006] In Larrison v. Scarola Reavis & Parent LLP (Sup. Ct., N.Y. Cty., NYLJ, Dec. 29, 2005), Justice Zweibel prevented a law firm (SRP) from resolving a fee dispute in binding arbitration...
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Comments Off on Consultation with In-House Ethics Counsel Does Not Create Conflict with Client
By Lazar Emanuel [Originally published in NYPRR January 2006] When a law firm is confronted with a legal or ethical issue involving its representation of a client, it has two viable alternatives: it can either turn to a lawyer or a committee of lawyers...
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Comments Off on NYSBA Sponsors Radio Ad on Lawyer Advertising
By Lazar Emanuel [Originally published in NYPRR December 2005] The NYSBA has unveiled a new radio campaign addressing three important law-related issues: the misconception that more lawsuits are being filed than ever before; the importance of our...
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Comments Off on COSAC Recommends Adoption of ABA Model Rules Format
By Lazar Emanuel [Originally published in NYPRR December 2005] [Author’s note: All the quotations in this article were taken from the Introduction to the COSAC report. Future issues of NYPRR will contain articles about the specific recommendations of...
