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Comments Off on AmeriCounsel: Guaranteed Legal Services at Flat Fees on Internet
By Roy Simon [Originally published in NYPRR June 2000] Suppose you are a potential client shopping for legal services over the Internet. You find www.AmeriCounsel.com, a company affiliated with Harvard Law School Professor Arthur Miller. Topping the...
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Comments Off on The British Are Coming — Who’s Your Real Competition?
By Roy Simon [Originally published in NYPRR May 2000] “History,” a fellow law professor quipped, “is strewn with the corpses of people who said, ‘Technology will never replace me.’” Take seriously the advice implicit in that observation....
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Comments Off on Expelling Partners: Legal & Ethical Issues
By Roy Simon [Originally published in NYPRR April 2000] Suppose your law firm opened an out-of-town office a few years ago and now finds that the office is unprofitable. You run the numbers and realize that the firm’s most senior partners could make...
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Comments Off on Hybrid Fee Agreements: Okay or No-kay?
By Roy Simon [Originally published in NYPRR March 2000] Hourly rate fee agreements are the traditional lawyer-on-top “missionary position” of commercial litigation. Contingent fee agreements are the equivalent standard in personal injury matters,...
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Comments Off on Preserving Client Wills: What Are a Lawyer’s Obligations?
By Roy Simon [Originally published in NYPRR February 2000] When you draft a will, do you retain the original for your client? If you do, what are your obligations? Do you have to read the obituary pages to find out whether your client has died? Do you...
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Comments Off on Undercover Investigators & Disciplinary Rules
By Roy Simon [Originally published in NYPRR January 2000] Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...
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Comments Off on Who Is Your Client in Small Business Matters?
By Roy Simon [Originally published in NYPRR December 1999] When you are handling matters for a small corporation, who is your client? This is not a trick question. You should know the answer. As DR 5-109(A) states: When a lawyer employed or retained by...
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Comments Off on NYCLA Opinions 727 & 728 (1999)
By Roy Simon [Originally published in NYPRR December 1999] Here are two New York County Lawyers Association Opinions, issued June 30, 1999, discussing issues that arise when a judge joins a firm (727), and when the only partner with a particular specialty...
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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...
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Comments Off on Who Controls Your Trust Account? Your Client or His Creditor?
By Roy Simon [Originally published in NYPRR October 1999] I staff the Nassau Bar Ethics Hotline, and several lawyers a week call to ask ethics questions. A question that arises often is the degree to which a client can control the funds in an...