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Comments Off on Four 2004 N.Y.S. Ethics Opinions
[Originally published in NYPRR February 2005] Lawyers May Retain Copies of Client’s File Opinion 780 (Dec. 8, 2004) In Opinion 780, issued Dec. 8, 2004, the NYSBA Committee on Professional Ethics considered two questions: (1) May a lawyer retain...
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Comments Off on ABA Issues Opinion on Will Drafting
[Originally published in NYPRR December 2002] May a lawyer draft a will for a testator to whom he is recommended by a potential beneficiary who is the lawyer’s current client? The lawyer has not previously met the testator, a widower whose nearest...
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Comments Off on Nassau County Bar Issues Ethics Opinions 2002-01 & 2002-02
[Originally published in NYPRR July 2002] The Committee on Professional Ethics of the Nassau County Bar Association has issued two new ethics opinions, both dated March 26, 2002. Both present novel issues. Opinion 2002-01 Lawyers A and B...
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Comments Off on Comparing Two Decisions on Lawyer Disqualification
[Originally published in NYPRR July 2002] This is a review of two lawsuits with virtually identical facts but with strikingly different results. Both cases deal with lawyer disqualification in conflicts between former and current clients. The first was...
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Comments Off on First Department Okays Malpractice Suit Against Rhode Island Lawyer
[Originally published in NYPRR July 2002] The Appellate Division, First Department has reversed a decision of the lower court and subjected a Rhode Island lawyer to its long-arm jurisdiction in a suit for legal malpractice arising from a New York...
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Comments Off on Ethics Opinion Rejects Real Estate Broker Referral Fees
[Originally published in NYPRR April 2002] Nassau County Bar Association, Committee on Professional Ethics Opinion No. 01-9: Facts: A real estate broker writes a letter soliciting buyer and seller referrals from lawyers in exchange for a fee. The...
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Comments Off on Ethics Opinions from Other Jurisdictions
[Originally published in NYPRR April 2002] Ohio: Agreement By Law Firm to Pay ‘Promotion’ Fee to Real Estate Agency An Ohio law firm proposed to pay an annual fee to a real estate agency and to discount its fees to the agency’s customers in...
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Comments Off on Dual Representation Proper If No Present Conflict Exists
[Originally published in NYPRR February 2002] In Opinion 01-5, the Nassau County Bar Association Committee on Professional Ethics considered the following question: may a lawyer defend both a stockbroker and her employer in a single litigation in...
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Comments Off on Rules Mandating Arbitration of Fee Disputes Now in Effect
[Originally published in NYPRR January 2002] [Editor’s Note: See, Roy Simon, NYPRR, April 2001, for the major features of the new fee dispute resolution program in easy-to-read Q&A format.] Part 137 of the Rules of the Chief Administrator of the...
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Comments Off on Commission Urges Changes in Multijurisdictional Practice Rules
[Originally published in NYPRR January 2002] The ABA Commission on Multijurisdictional Practice has issued an interim report which recommends retention of the present system for state judicial licensing and regulation of lawyers but also recommends...