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Comments Off on ABA Adopts Three New Rules
By Roy Simon [Originally published in NYPRR July 2002] At its February 2002 Mid-Year Meeting, the American Bar Association (ABA) adopted three brand new ethics rules that are now officially incorporated into the ABA Model Rules of Professional Conduct....
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Comments Off on Six Clients in Search of a Lawyer: Or, Don’t Take the Case
By Hal R. Lieberman [Originally published in NYPRR May 2002] New lawyers starting out in practice, or even seasoned attorneys seeking increased business, are occasionally tempted to take on matters in which the client seems well able to afford the...
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Comments Off on When Unsolicited Information Comes Over the Transom
By Jonathan J. Lerner [Originally published in NYPRR June 2001] [Note: In NYPRR Feb. 2001, Marvin Frankel and Ronald Adelman discussed proposed ABA Model Rule 1.18, which deals generally with a lawyer’s duties to a prospective client. This article...
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Comments Off on Four Case Digests: May 2001
[Originally published in NYPRR May 2001] Firm Representing State Agency Not Disqualified from Suit Against State Covington and Burling (C&B) represents Brown & Williamson Tobacco Corp. in an action to block enforcement of a New York State...
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Comments Off on Prospective Client & Proposed Model Rule 1.18
By Marvin E. Frankel & Ronald W. Adelman [Originally published in NYPRR February 2001] The ABA’s Ethics Commission 2000 has proposed a draft new Model Rule 1.18, titled “Duties to a Prospective Client.” The proposed rule, which merits and...
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Comments Off on Prospective Client Perjury: A Lawyer’s Dilemma
By Hal R. Lieberman [Originally published in NYPRR December 2000] One of the most confounding ethical dilemmas facing a criminal defense lawyer is the prospect that her client intends to testify falsely. Although the prohibition against knowingly...
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Comments Off on Revisiting “Kassis”: Do Chinese Walls Still Work?
By Roy Simon [Originally published in NYPRR November 1999] In Kassis v. Teacher’s Insurance and Annuity Association [1 No. 86, ___ N.Y.2d ___ (N.Y. 1999)], a unanimous Court of Appeals reversed the First Department and disqualified the firm of Thurm...