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Comments Off on Uncertain Legacy of “Wieder v. Skala”
By Ronald C. Minkoff [Originally published in NYPRR March 2004] Twelve years ago, when the Court of Appeals decided Wieder v. Skala [80 N.Y.2d 628, 593 N.Y.S.2d 752 (1992)], it seemed like the dawn of a new age. Combining contract and legal ethics...
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Comments Off on What Do You Mean, I Don’t Get Paid? Fee Forfeiture in New York
By Ronald C. Minkoff [Originally published in NYPRR March 2003] Lawyers who are guilty of professional misconduct have much to worry about. They can be sued for malpractice. They can be disqualified from handling a particular case. They can be...
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NYPRR Archive •
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Comments Off on Examining ABA Guidelines on Settlement Negotiations
By Ronald C. Minkoff [Originally published in NYPRR January 2003] Those of us who practice the law of lawyering know that applying the Model Rules or the New York Code of Professional Responsibility (N.Y. Code) to the settlement process is often...
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Comments Off on Should Lawyers Serve as Corporate Directors?
By Ronald C. Minkoff [Originally published in NYPRR June 2002] In the wake of revelations about the cozy relationship between Enron and its regular outside counsel, Vinson & Elkins, corporate lawyers should already know to be cautious about getting...
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Comments Off on New Perspective: Revisiting “Cohen v. Lord Day & Lord”
By Ronald C. Minkoff [Originally published in NYPRR ] When I was in high school, a teacher showed my class a picture — one I am sure many readers have also seen. Viewed from one perspective, the picture showed a young, well-dressed woman; viewed from...
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Comments Off on Revolving Door: “Gibbs v. Breed Abbott”
By Ronald C. Minkoff [Originally published in NYPRR September 2000] If they ever existed, the halcyon days of hallowed law partnerships, when those who survived to make partner loyally labored for the same firm for their entire professional lives, are...
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Comments Off on Conflicts of Interest in Adoption Proceedings
By Ronald C. Minkoff [Originally published in NYPRR July 1999] Every attorney knows the severe consequences of failing to recognize a conflict of interest between two current clients: the attorney may be disqualified from the case, may be denied her...
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Comments Off on Rewarding Turncoat Lawyer: “Jamaica Public Service Co. v. AIU Insurance Co.”
By Ronald C. Minkoff [Originally published in NYPRR March 1999] For many years, courts and Bar Ethics Committees have struggled to deal with the problem of the turncoat attorney: The attorney who represents a client, obtains the client’s confidential...