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Comments Off on “SOUND AND FURY . . . “: THE SUPREME COURT THROWS UP ITS HANDS ON THE ATTORNEY-CLIENT PRIVILEGE
By Ronald C. Minkoff — This article was originally published January 25, 2023. After months of briefing by the parties, more than a dozen amicus submissions, and an extended oral argument two weeks ago, the U.S. Supreme Court yesterday suddenly dismissed the appeal in In re Grand Jury on the ground that certiorari was improvidently granted....
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Comments Off on Ron Minkoff Joins Veteran Ethics Lawyers’ Call for ABA to Overhaul Attorney Discipline System
By Marc Handelman — Frankfurt Kurnit Litigation Partner and Professional Responsibility Group Chair Ron Minkoff has joined six other veteran ethics and professional responsibility lawyers from across the nation in calling for the American Bar...
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Comments Off on (Update) Battle Over SEC’s Attempt to Compel Law Firm to Comply with Subpoena into Cyberattack Continues
By Khasim Lockhart — This article was originally published February 17, 2023. On February 14, 2023, Covington & Burling LLP (“Covington”) filed its opposition to the SEC’s administrative subpoena in connection with its...
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Comments Off on Liebowitz Law Firm Ends Operations
By Edward Rosenthal & Tyler Maulsby — In January 2022, my Professional Responsibility and Ethics partner Tyler Maulsby and I wrote about whether and how Richard Liebowitz’s suspension from practice in New York (and elsewhere) impacted the ability...
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Comments Off on Duty to Disclose Suspensions or Other Discipline to Clients
By John B. Harris — Are lawyers obliged to disclose to clients they have been suspended in another jurisdiction based upon multiple acts of incompetence? Or that the suspension is likely to be imposed reciprocally on the lawyer in their home...
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Comments Off on Non-Lawyer Practice & Access to Justice: The Upsolve Case
Sometimes lawsuits lead to the right result for the wrong reason. And sometimes, the reasoning doesn’t really matter: it is the result that counts. U.S. District Judge Paul Crotty’s May 24, 2022 decision in Upsolve, Inc. v. James, No. 22-cv-627...
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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 Virtually Unclear: Will Legal Tech Companies Bridge Justice Gap or Fall into UPL Abyss?
By Nicole I. Hyland and Tyler Maulsby In 1965, Norman F. Dacey published a book, How to Avoid Probate, which sold 600,000 copies in two years. New York Cty. Lawyers’ Assn. v. Dacey, 54 Misc.2d 564 (N.Y. Sup. Ct. 1967) affd. in part, modified in part, 28...
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Comments Off on Understanding & Securing the LLP Shield in New York (Part 2)
By Susan Fortney As Part 1 of this article suggested (see NYLER June 2015), many lawyers jumped on the limited liability partnership (LLP) bandwagon without fully appreciating the reach of the statute that enabled lawyers to practice in LLPs and the...
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Comments Off on Tinker, Tailor, Lawyer, P.I.: Are Your Workplace Investigations Complying with the Law?
How Attorneys Conducting Workplace Investigations Can Comply with N.Y.’s Private Investigator Law & Rules of Professional Conduct By Ronald C. Minkoff, Lindsay Harris, and Andrew Jacobs The recent high-profile trial in Ellen Pao vs. Kleiner...
