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Comments Off on Ethical Implications of Emergent Technologies
By Laurence Banville Emergent technologies have already altered our lives in unprecedented ways. For practicing attorneys, these innovations pose both risks and benefits. Perhaps the greatest risk is not remaining current on technological change relevant to a given attorney’s practice area. In coming years, the legal terrain may begin to shift in...
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Comments Off on Ethical Considerations When Switching from Criminal Defense to the Prosecution
by Brad Rudin and Betsy Hutchings Because a prosecutor’s office (the office or office) fits within the definition of a law firm as a “government law office,” the same ethical rules that cover private law firms apply. See Rule 1.0[h] (defining “firm”...
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Comments Off on Recent N.Y. Ethics Opinions: January/February 2017
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued October 2016 and January 2017. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on...
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Comments Off on Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict
By John D. Dalton & Matthew R. Yost, Baugh Dalton LLC When a defense is being provided to an insured under the terms of an errors and omissions policy, a number of conflicts can arise in the tripartite relationship among the insured, the insurer and the...
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Comments Off on Ball of Confusion: Practicing Law from Your Second Home in Another State
By Ronald C. Minkoff Practicing law has been very, very good to you. Through lots of hard work over 40 years, you have built up a stable of good, steady clients, and have earned enough money to start thinking seriously about retirement. You have always lived...
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Comments Off on Recent N.Y. Ethics Opinions: November/December 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued March and December 2016. The opinions were issued by the NYSBA Committee on Professional Ethics and the American Bar Association Standing Committee on...
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Comments Off on Keeping the Privilege: A Primer on the “Stock” Decision
By Tyler Maulsby This past July (2016), the First Department became the first appeals court in New York to recognize the “intra-firm privilege,” holding that certain communications between a lawyer and his or her firm’s General Counsel are protected by...
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Comments Off on Why the “Stock” Decision Is Wrong — And Why It Is Right
By Ronald C. Minkoff Like so many New York lawyers, I was happy when the First Department decided Stock v. Schnader Harrison, Segal & Lewis, LLP, 35 N.Y.S.3d 31 (1st Dept. 2016 (Stock). Indeed, I was probably happier: The First Department’s decision,...
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Comments Off on Recent N.Y. Ethics Opinions: October 2016
By Tyler Maulsby, Associate, Frankfurt Kurnit Klein & Selz Here are summaries of ethics opinions issued January, February, and August 2016. The opinions were issued by the NYSBA Committee on Professional Ethics and the NYC Bar Association Committee on...
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Comments Off on How to Lose Your Legal Fee, Part 2: Legal Fee Forfeiture
By Ronald C. Minkoff In our February 2016 edition, we published the first of a three-part series of articles on “How to Lose Your Legal Fees.” That article examined excessive fees, focusing on how the interplay between New York Rule of Professional...
