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Comments Off on Checking for Conflicts Under DR 5-105(E)
By Roy Simon [Originally published in NYPRR November 2002] New York is one of the few states that require lawyers to check for conflicts of interest before accepting any new engagement. Yet little has been written about how to comply with the...
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Comments Off on ABA’s Multiple Actions on Multijurisdictional Practice
By Roy Simon [Originally published in NYPRR October 2002] For the legal ethics field, Summer 2002 was one of the most significant on record. The three weeks ending Aug. 15, 2002 saw no less than six major developments. In late July, Congress passed and...
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Comments Off on Rules for Lawyers Practicing Before SEC
By Roy Simon [Originally published in NYPRR September 2002] When I was a first year law student at NYU in 1974, one of the first law review articles I read was Frederick D. Lipman’s The SEC’s Reluctant Police Force: A New Role for Lawyers, 49 NYU...
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Comments Off on New Jersey’s Hostile Attitude Toward New York Lawyers
By Roy Simon [Originally published in NYPRR August 2002] Based on the final report and recommendations of the ABA Commission on Multijurisdictional Practice, many lawyers are optimistic that they will soon be able to practice more freely across state...
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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 Can Screens Cure Conflicts in New York?
By Roy Simon [Originally published in NYPRR June 2002] It’s almost summertime, and summertime is the time for screens — window screens, sunscreens, conflicts screens. Can screens cure conflicts of interest in New York that would otherwise...
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Comments Off on Letters of Engagement and the Defense Bar
By Roy Simon [Originally published in NYPRR May 2002] The rule on letters of engagement that took effect on March 4, 2002, 22 NYCRR Part 1215, is not a long or complex rule, but it puzzles many lawyers in the defense bar. This article explores a few...
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Comments Off on Conflicts of Interest in Patent Practice: Representing Competitors
By Roy Simon [Originally published in NYPRR April 2002] Some of the most complex conflicts of interest in law arise in patent practice. This article discusses the conflicts that can arise in patent practice when a law firm represents competitors in the...
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Comments Off on Letters of Engagement Are Now Mandatory
By Roy Simon [Originally published in NYPRR March 2002] Effective March 4, 2002, pursuant to a new 22 NYCRR Part 1215 entitled “Written Letter of Engagement,” every New York lawyer must begin providing every client with a written letter of...
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Comments Off on DR 1-107 Definition of Non-Legal ‘Professional’
By Roy Simon [Originally published in NYPRR February 2002] The most important word in new DR 1-107 (one of two new “MDP” rules that took effect on Nov. 1, 2001) is “professional.” The entire point of DR 1-107 is to authorize and regulate closer...