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Comments Off on Law Firm LLPs Carry No Guarantees
By Roy Simon [Originally published in NYPRR September 2003] If your law firm is organized as a limited liability partnership — an LLP — you are probably feeling much more confident than you did a few years ago that you can avoid enormous personal...
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Comments Off on ‘But For’ Standard in Transactional Malpractice
By Roy Simon [Originally published in NYPRR August 2003] Transactional lawyers across the country recently had a close shave. The close shave came in a California legal malpractice suit against Williams & Connolly and its partner Charles Sweet. The...
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Comments Off on Attorney-Client Privilege & Public Relations Firms
By Roy Simon [Originally published in NYPRR July 2003] When a corporation (or individual) learns that it is being investigated by the government, its first call is likely to be to a lawyer — and the lawyer’s first call may well be to a public...
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Comments Off on Lawyer Liability to Non-Clients for Negligence in Transactions
By Roy Simon [Originally published in NYPRR June 2003] When is a lawyer or law firm liable to a non-client for the lawyer’s negligence in a transaction? This article reviews cases relevant to answering that question in New York, and looks briefly at...
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Comments Off on When Prospective Clients Raise Conflicts of Interest
By Roy Simon [Originally published in NYPRR May 2003] When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you...
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Comments Off on How Nonlawyers Can Create Conflicts for Lawyers
By Roy Simon [Originally published in NYPRR April 2003] Does your law firm check for conflicts of interest when it hires secretaries and paralegals? It should, because non-lawyers can create conflicts for lawyers. This article explains how. The basic...
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Comments Off on Proposed SEC Standards — Round 2 for SEC Bar
By Roy Simon [Originally published in NYPRR March 2003] On Nov. 21, 2002, to comply with the Congressional mandate in §307 of the Sarbanes-Oxley Act of 2002, the SEC issued proposed Standards of Professional Conduct for Attorneys. Among other things,...
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Comments Off on Personal Representatives: Waiving Attorney-Client Privilege After Death
By Roy Simon [Originally published in NYPRR February 2003] You were the lawyer for a client who is now deceased. Litigation involving the client’s estate has begun and your testimony about your communications with the decedent would be highly...
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Comments Off on Assessing Conflicts Issues Within Corporate Family
By Roy Simon [Originally published in NYPRR January 2003] One of the most difficult tasks in checking for conflicts of interest is detecting conflicts within the corporate family. This article provides some ideas for spotting a corporate family...
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Comments Off on Joint Responsibility Under DR 2-107(A)
By Roy Simon [Originally published in NYPRR December 2002] What is the meaning of the phrase “joint responsibility” in DR 2-107(A) of the New York Code of Professional Responsibility, the Rule which controls the division of fees among attorneys in...
