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Comments Off on ‘Noisy Withdrawal’ from Client’s Fraud
By Mary C. Daly [Originally published in NYPRR August 2000] This article discusses DR 4-101(C)(5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in...
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Comments Off on Perils of Investing in a Client
By Mary C. Daly [Originally published in NYPRR May 2000] Hardly a day goes by without another article in the press reporting the fantastic profits being made by law firms that invest in clients’ businesses. [See, e.g., Renee A. Deger, “Stake Diner,...
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Comments Off on Perils in Business Transactions with Client
By Mary C. Daly [Originally published in NYPRR March 2000] Entering into a business transaction with a client is fraught with ethical peril. Courts, disciplinary bodies, and bar association ethics committees have uniformly warned lawyers of the myriad...
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Comments Off on Crossing State Lines — Which Law Governs?
By Mary C. Daly [Originally published in NYPRR September 1999] Advances in communications and transportation over the past 20 years have enormously facilitated the interstate practice of law. The spread of law firms across the land will not stop. The...
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Comments Off on ABA Commission: Change Fee-Sharing Rules
By Mary C. Daly [Originally published in NYPRR July 1999] [Editor’s Note: Professor Daly served as the Reporter to the ABA Commission on Multidisciplinary Practice. The views expressed in this article are her own and not those of the Commission.]...
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Comments Off on Conflicts of Interest: An Overview
By Mary C. Daly [Originally published in NYPRR November 1998] Probably no other provisions in the New York Code of Professional Responsibility create as much day-to-day confusion for lawyers as those dealing with conflicts of interest. The sources of...
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Comments Off on Are Restrictive Practice Agreements Fair Game After Feldman?
By Mary C. Daly [Originally published in NYPRR June 1998] Negotiating the settlement of an ongoing or threatened litigation is a complex task, demanding the thoughtful exercise of written, oral, and interpersonal skills. The parties’ lawyers must...