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Comments Off on Out-of-State Law Practice & Escrow Accounts: Ethics Opinions
By Roy Simon [Originally published in NYPRR December 1998] Recently, the New York State Bar’s Committee on Professional Ethics issued an opinion about a lawyer’s duties as an escrow agent, and the Nassau County Bar’s Professional Ethics Committee...
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Comments Off on How Bar Association Ethics Committees Operate
By Roy Simon [Originally published in NYPRR November 1998] Ethics issues arise in your law practice every day. Most of them you can resolve fairly easily, usually by looking at the New York lawyer’s Code of Professional Responsibility (which is...
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Comments Off on Chinese Wall Fends Off Disqualification in First Department
By Roy Simon [Originally published in NYPRR September 1998] In Kassis v. Teacher’s Ins. & Annuity Assn. [1998 N.Y. App. Div. LEXIS 6968], the First Department affirmed a trial court’s refusal to disqualify a law firm that hired one of the...
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Comments Off on Six Ethics Opinions — August 1998
By Roy Simon [Originally published in NYPRR August 1998] In late May 1998, the New York State Bar Association Committee on Professional Ethics issued six new ethics opinions on a variety of matters. Following are summaries of these important opinions:...
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Comments Off on Does Your Client Own Your ‘Entire File’?
By Roy Simon [Originally published in NYPRR July 1998] In NYPRR April 1998 issue, we discussed what a lawyer should do if a former client fails or refuses to take custody of an old file. Now, we discuss the converse: What must a lawyer do when a client...
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Comments Off on To Hell with Standards of Civility — Wait, Not So Fast!
By Roy Simon [Originally published in NYPRR June 1998] In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...
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Comments Off on Four Ethics Opinions — June 1998
By Roy Simon [Originally published in NYPRR June 1998] Recently, the New York County Lawyers Association issued an important opinion explaining the circumstances under which a lawyer may seek a client’s advance waiver of future conflicts of interest,...
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Comments Off on Should Government Lawyers Talk to My Client?
By Roy Simon [Originally published in NYPRR May 1998] Do you represent individual or corporate clients who are being investigated or prosecuted by federal or state government agencies? If so, your control over communications between the government’s...
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Comments Off on Stiffer Sanctions for Frivolous Litigation Conduct: Amended Part 130 Now in Effect
By Roy Simon [Originally published in NYPRR April 1998] Tougher sanctions for frivolous litigation conduct in New York State courts are in place as of March 1, 1998, when amendments to 22 NYCRR Part 130 took effect. The amendments, which build on...
