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Comments Off on Washington State Bar Takes on SEC
By Roy Simon [Originally published in NYPRR October 2003] A New York legal ethics newsletter may seem like an unlikely place to write about federal preemption doctrine. For more than 100 years, the rules that govern the conduct of lawyers have...
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Comments Off on NYSBA Okays Reciprocal Referral Arrangements with Brokers
By Lazar Emanuel [Originally published in NYPRR October 2003] In Opinion 765 (7/22/03), the Committee on Professional Ethics of the State Bar considered in detail the application of DR 1-107(C), adopted by the Appellate Divisions on July 23, 2001. The...
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Comments Off on Judge Limits Application of Privilege for PR Consultant
By Lazar Emanuel [Originally published in NYPRR October 2003] Following on the heels of In Re Grand Jury Subpoenas [2003 WL 212622645 (6/01/03)], in which Southern District Judge Lewis Kaplan extended the attorney-client privilege to a public relations...
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Comments Off on ABA Defines Law Firm Obligations on Lawyer’s Mental Impairment
By Lazar Emanuel [Originally published in NYPRR October 2003] In Formal Opinion 03-429 (June 11, 2003), the ABA considered the obligations of a law firm when a member of the firm is or becomes mentally impaired. The measure of the firm’s obligations...
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Comments Off on You Can’t Stop Client from Complaining
By Steven C. Krane [Originally published in NYPRR September 2003] The representation did not go well. The client was unhappy with your services. Your fee bills remained unpaid for months on end. The client fired you and retained new counsel. (Things...
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Comments Off on The Lawyer & The Judge — Three Scenarios
By Mary C. Daly [Originally published in NYPRR September 2003] It’s been a long week. Just as you are about to drag yourself out of the office late one Friday evening, the phone rings. Against your better judgment, you decide to answer the call. Your...
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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 Warning to Lawyers: Choose Your Escrow Bank Carefully
By Lazar Emanuel [Originally published in NYPRR August 2003] The decision of Supreme Court Judge Edward H. Lehner in Bazinet v. Kluge [N.Y. Cty., No. 110143/01, 5/29/03], requires careful study by lawyers who draft contracts providing for the deposit...
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Comments Off on City Bar Nixes Lawyer Taping
By Sarah Diane McShea [Originally published in NYPRR August 2003] That golden age, when law was practiced gently, with gentility, and by ladies and gentlemen, beckons like a childhood fantasy. Oh, that we might represent our clients in that wonderful...
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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...
