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Comments Off on Litigation Finance Agreements — Champerty, Usury, or OK?
By Lazar Emanuel [Originally published in NYPRR June 2005] In a 2005 opinion, Judge Ira B. Warshawsky, Supreme Court, Nassau County, held that an advance made to a personal injury plaintiff by a litigation finance company called LawCash was not...
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Comments Off on Counsel May Notify Judge of Expected Client Perjury
By Lazar Emanuel [Originally published in NYPRR May 2005] In People v. DePallo, 96 NY2d 437 (2001), the Court of Appeals defined the responsibility of criminal defense counsel who suspects that his client will offer perjured testimony in a jury trial....
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Comments Off on No Legal Fees Without Letter of Engagement
By Lazar Emanuel [Originally published in NYPRR April 2005] The importance of providing the client with a written letter of engagement at the outset of a matter was emphasized recently by Bronx County Supreme Court Justice Yvonne Gonzalez in Klein...
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Comments Off on Plaintiff’s Lawyer May Talk to Insurance Adjuster
By Lazar Emanuel [Originally published in NYPRR March 2005] A long line of cases and a series of Ethics Opinions have established that although the lawyer representing the defendant-insured in a personal injury matter may be retained and paid by the...
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Comments Off on Lawyer’s Business Offers Non-Legal Services to Client
By Lazar Emanuel [Originally published in NYPRR March 2005] In N.Y. State Opinion 784, 1/12/05, the NYSBA Committee on Professional Ethics considered the question: Under what circumstances may a lawyer in an entertainment law firm offer legal services...
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Comments Off on Issues That Remain When a Partner Withdraws
By Lazar Emanuel [Originally published in NYPRR March 2005] Although many of the facts in the recent case of Conolly v. Thuillez (NYLJ 1/14/05, p. 20) are sui generis, most of the issues decided by Judge Louis C. Benza (Sup. Ct., 3rd Dept.) will be of...
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Comments Off on Allocation of Authority Between Lawyer & Client in Criminal Trial
By Brad Rudin & Lazar Emanuel [Originally published in NYPRR January 2005] In a recent decision, the Court of Appeals failed to consider its own precedents on the allocation of decision-making between client and lawyer and rejected a claim of...
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Comments Off on NYSBA Ethics Committee Opinions 778, 779/2004
By Lazar Emanuel [Originally published in NYPRR December 2004] Opinion 779 (11/05/04): Purchasing Leads from a National Marketing Firm The NYSBA Committee on Professional Ethics considered the relationship between a lawyer and a national marketing...
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Comments Off on Second Department Issues Report on Admissions & Discipline
By Lazar Emanuel [Originally published in NYPRR November 2004] A committee of 30 judges, lawyers, academicians, and laypersons chaired by Justice Gabriel M. Krausman, Appellate Division, Second Department, has issued its Report and Recommendations on...
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Comments Off on Wrongful Discharge Supports Claim in Quantum Meruit
By Lazar Emanuel [Originally published in NYPRR October 2004] Adhering to a decision by the Court of Appeals in Pain Services P.C. v. Quadrino & Schwartz [370 F.3d 259 (2d Cir. 2004)], Judge Shira Scheindlin has confirmed the right of a lawyer who...
