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Comments Off on Protecting Rights of Non-English Speakers
By Lazar Emanuel [Originally published in NYPRR October 2004] Under the Supreme Court’s decision in Anders v. California [386 U.S. 738 (1967)], court appointed appellate counsel may ask the court for leave to withdraw “if counsel is convinced,...
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Comments Off on No Adverse Inference from Invocation of Privilege
By Lazar Emanuel [Originally published in NYPRR October 2004] Roy Simon’s article “Privilege and Adverse Inferences in Patent Infringement Litigation” [see, NYPRR June 2004], centered on Knorr-Bremse Systeme Fuer Nutzfarzeuge GMHB v. Dana Corp.,...
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Comments Off on Lawyer with Minimal Involvement Sued in Malpractice
By Lazar Emanuel [Originally published in NYPRR October 2004] How involved in a matter does one lawyer in a firm have to become to subject himself to potential liability in malpractice. This question was fundamental to the case of Ocean Ships, Inc. v....
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Comments Off on When Is Law Firm a Debt Collector?
By Lazar Emanuel [Originally published in NYPRR September 2004] When is a law firm deemed a “debt collector” under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. 1692 et seq.? This question was answered by the Court of Appeals for the...
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Comments Off on Lawyer Attacks Vagueness of Specialization Rule
By Lazar Emanuel [Originally published in NYPRR September 2004] In a lawsuit between a Buffalo trial lawyer and the Attorney Grievance Committee of the Eighth Judicial District, district court Judge John T. Elfvin has ordered a trial to determine...
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Comments Off on Duty to Preserve E-Data When Litigation Threatens
By Lazar Emanuel [Originally published in NYPRR September 2004] In a continuing saga which has lasted more than two years and resulted in five separate opinions, Southern District Judge Shira A. Scheindlin has again considered the responsibility of...
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Comments Off on Supervising Non-Lawyers Hired from Another Law Firm
By Lazar Emanuel [Originally published in NYPRR July 2004] The New York State State Bar Association has issued Formal Opinion 774 (March 23, 2004) defining a law firm’s responsibility on hiring a secretary, paralegal or other non-lawyer who has...
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Comments Off on Discharged Contingent Fee Lawyer May Recover for Services
By Lazar Emanuel [Originally published in NYPRR July 2004] When a law firm under a contingent fee agreement is discharged without cause, it may recover for its services in quantum meruit whether or not the client ultimately achieves any recovery....
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Comments Off on Court Rejects Disqualification for Unauthorized Contact
By Lazar Emanuel [Originally published in NYPRR July 2004] Attorney David Lansner, counsel for plaintiff Tylena, telephoned Mia Higgins, in-house counsel for defendant Heartshare. [Tylena M. v. Heartshare Human Services, SDNY (NYLJ, 6/18/2004, p. 21).]...
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Comments Off on Court Rulings & Opinions: June 2004
By Lazar Emanuel [Originally published in NYPRR June 2004] Court Applies Baldi to Appellate Counsel In People v. Stultz [NYLJ, 5/5/2004, p. 19], the Court of Appeals applied to appellate counsel for the first time the same standards of lawyer...
