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Comments Off on Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules
By Roy Simon [Originally published in NYPRR July 2009] This month’s column continues my series on the new New York Rules of Professional Conduct. This section begins with Rule 1.9 and ends with Rule 1.12. Rule 1.9: Duties to Former Clients Rule 1.9,...
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Comments Off on Simon on New Rules: Rule 1.8 — 10 Conflict Rules in One
By Roy Simon [Originally published in NYPRR June 2009] In NYPRR April and May 2009, I reviewed some interesting provisions in the New York Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s column (NYPRR May 2009) ended...
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Comments Off on Interesting Provisions in New Rules: Rule 1.6(b) through Rule 1.7
By Roy Simon [Originally published in NYPRR May 2009] Last month (NYPRR April 2009), I began my review of some of the more interesting new provisions in New York’s Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s...
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Comments Off on Interesting Provisions in New Rules: Rule 1.0 through Rule 1.6
By Roy Simon [Originally published in NYPRR April 2009] It’s April and the new New York Rules of Professional Conduct are finally in effect. Some may say this development comes a quarter of a century too late — in 1984, the New York State Bar...
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Comments Off on Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part II)
By Roy Simon [Originally published in NYPRR March 2009] The New York Code of Professional Responsibility will be replaced on April 1, 2009 by the New York Rules of Professional Conduct. The Tables below compare the new Rules with the outgoing Code. If...
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Comments Off on Comparing New NY Rules of Professional Conduct to Existing NY Code of Professional Responsibility (Part I)
By Roy Simon [Originally published in NYPRR February 2009] On Dec. 16, 2008, the Administrative Board of the New York Courts announced that on April 1, 2009 New York would replace all of the existing Disciplinary Rules and Definitions in the New York...
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Comments Off on In-House Ethics Consultations and the Attorney-Client Privilege: Case Law
By Roy Simon [Originally published in NYPRR January 2009] Virtually every large law firm has an in-house ethics advisor or General Counsel, a lawyer in the firm who is well versed in the rules of ethics as well as the various state and federal statutes...
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Comments Off on Who May Use the Title ‘Partner’?
By Roy Simon [Originally published in NYPRR December 2008] New York’s Ethical Consideration 2-12 (as renumbered in November 2007) states: “In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be...
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Comments Off on Conflicts in Arbitration Proceedings: Two Recent Federal Cases
By Roy Simon [Originally published in NYPRR November 2008] Arbitration proceedings are generally conducted out of public view, in private. Consequently, conflicts of interest and other ethics issues that arise during arbitration proceedings remain...
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Comments Off on ABA’s Screening Proposals — Part II
By Roy Simon [Originally published in NYPRR October 2008] Last month’s column (NYPRR Sept. 2008) noted that at its August 2008 annual meeting, the ABA House of Delegates was scheduled to debate proposals to permit screening to remedy imputed...
