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Comments Off on Imputed Conflicts Under New DR 1-107
By Roy Simon [Originally published in NYPRR January 2002] My article in NYPRR December 2001, covered imputed conflicts of interest under DR 1-106, which governs a law firm’s direct or indirect provision of legal services to its clients and to the...
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Comments Off on Conflicts of Interest Under New DR 1-106
By Roy Simon [Originally published in NYPRR November 2001] Conflict of interest issues are likely to be the most frequent and difficult issues under New York’s new MDP rules, which take effect on Nov. 1, 2001. Last month, I asked how the rule on...
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Comments Off on Conflicts of Interest Under New MDP Rules
By Roy Simon [Originally published in NYPRR October 2001] At the end of last month’s overview of the new MDP rules [NYPRR Sept. 2001], I noted that “other issues, such as conflicts of interest and confidentiality, lie beneath the surface and remain...
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Comments Off on Disqualification Denied Again: “Amazonas” Case
By Hal R Lieberman [Originally published in NYPRR July 2001] The usual context for asserting a disqualification motion is an alleged conflict of interest pitting the lawyer’s current client against another current or former client. In a series of...
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Comments Off on Ethics 2000 Commission Issues Timely Report
By Steven C. Crane [Originally published in NYPRR January 2001] The American Bar Association produced the Canons of Professional Ethics in 1908 and the Model Code of Professional Responsibility in 1969. It introduced the Model Rules of Professional...
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Comments Off on Identifying Client in Closely-Held Business
By Mary C. Daly [Originally published in NYPRR October 2000] Representing closely-held and family businesses is a vital part of many lawyers’ practices. These businesses frequently purchase legal services in a wide array of transactional and...
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Comments Off on AmeriCounsel: Guaranteed Legal Services at Flat Fees on Internet
By Roy Simon [Originally published in NYPRR June 2000] Suppose you are a potential client shopping for legal services over the Internet. You find www.AmeriCounsel.com, a company affiliated with Harvard Law School Professor Arthur Miller. Topping the...
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Comments Off on Conflicts of Interest in Malpractice Cases
By Stephen Gillers [Originally published in NYPRR March 2000] An intriguing question in the field of lawyer regulation is the relevance of conflict of interest rules in cases charging a lawyer with legal malpractice or breach of fiduciary duty....
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Comments Off on Applying Conflicts Rules When a Lawyer Moves
By Lazar Emanuel [Originally published in NYPRR December 1999] N.Y. State Opinion 723 (1999) The New York State Bar Association issued Ethics Opinion 723 on Oct. 12, 1999. The Opinion construes the 1999 amendments to the Code dealing with conflicts of...
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Comments Off on Revisiting “Kassis”: Do Chinese Walls Still Work?
By Roy Simon [Originally published in NYPRR November 1999] In Kassis v. Teacher’s Insurance and Annuity Association [1 No. 86, ___ N.Y.2d ___ (N.Y. 1999)], a unanimous Court of Appeals reversed the First Department and disqualified the firm of Thurm...
