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Comments Off on Advance Consent to Withdrawal for Nonpayment
By Roy Simon [Originally published in NYPRR September 2007] May your firm’s retainer agreement include a provision securing a client’s advance consent to a conflict of interest that may develop during the representation? Usually “yes,” according to most authorities. May your firm’s retainer agreement include a provision securing a...
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Comments Off on Ethical Lawyering in ‘Wireless Handheld’ Age
By Jeremy R. Feinberg [Originally published in NYPRR August 2007] Admit it. You have one, and you love using it. Wireless handheld devices, from the Blackberry to the Treo, have become an everyday part of an urban professional’s life. For many...
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Comments Off on Comparing Waivers: Lawyer-Client Privilege v. Work Product Protection
By Roy Simon [Originally published in NYPRR August 2007] When discovery disputes revolve around either the attorney-client privilege or the work product doctrine, one of the most frightening words in a litigator’s vocabulary is “waiver.” Waiving...
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Comments Off on Metadata, ESI & Federal Discovery Rules
By Lazar Emanuel [Originally published in NYPRR July 2007] [Editor’s note: Research and guidance for this article were contributed by my son David Emanuel, IT consultant.] In last month’s NYPRR (June 2007), I offered a definition of the term...
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Comments Off on Interviewing an Adversary’s Former Executives: A Clear Rule at Last
By Roy Simon [Originally published in NYPRR July 2007] For any of you who have regularly read my columns in NYPRR, this column will be déjà vu all over again. In August 2001, my article, entitled “Communicating with An Adversary’s Former...
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Comments Off on ‘Party’ vs. ‘Person’ in DR 7-104(A)
By Roy Simon [Originally published in NYPRR June 2007] May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....
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Comments Off on Metadata & Lawyers: An Issue That Will Not Die
By Lazar Emanuel [Originally published in NYPRR June 2007] [Author’s note: I am indebted for much of the technical material in this article to my son David, IT consultant, who has guided me, as he always does, through the maze of technology...
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Comments Off on Opinion: Imputed Disqualification & Public Perception
By David M. Cost [Originally published in NYPRR June 2007] [Editor’s note: The opinions expressed in this article are the opinions of the author.] The jurisprudence governing disqualification motions in the New York courts has attempted to balance...
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Comments Off on U.S. Courts v. 50 States — New MJP Issues
By Ronald C. Minkoff [Originally published in NYPRR May 2007] Now that approximately 35 states have adopted some variation of Model Rule 5.5, and a plethora of case law Birbrower v. Superior Court of California, 17 Cal. 4th 119, 70 Cal. Rptr.2d 304,...
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Comments Off on Risking Disqualification By Hiring Adversary’s Former Employee
By Roy Simon [Originally published in NYPRR May 2007] All year long, in anticipation of the next edition of my annual book on the New York Code of Professional Responsibility, I collect hundreds of new cases in the field of professional responsibility....
