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Comments Off on Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2000] What happens when a solo practitioner dies leaving no immediate family and no personal estate requiring administration? What if his landlord is threatening to destroy his files? Who is...
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Comments Off on Handling Clients’ Funds — Lesson from Lone Star State
By Joseph S. Genova [Originally published in NYPRR April 2000] [Editor’s note: This is Part I of a two-part article. Part II appears in NYPRR July 2000.] A decision in a closely watched case, on remand from the U.S. Supreme Court, provides some...
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Comments Off on Expelling Partners: Legal & Ethical Issues
By Roy Simon [Originally published in NYPRR April 2000] Suppose your law firm opened an out-of-town office a few years ago and now finds that the office is unprofitable. You run the numbers and realize that the firm’s most senior partners could make...
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Comments Off on Administrative Board Closes ‘Pay to Play’ Saga: 1995–2000
By Steven C. Krane [Originally published in NYPRR April 2000] For five years, the Association of the Bar of the City of New York (ABCNY) had spearheaded a dedicated effort to eradicate pay to play by New York lawyers. Following the adoption by the ABA...
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Comments Off on Perils in Business Transactions with Client
By Mary C. Daly [Originally published in NYPRR March 2000] Entering into a business transaction with a client is fraught with ethical peril. Courts, disciplinary bodies, and bar association ethics committees have uniformly warned lawyers of the myriad...
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Comments Off on Hybrid Fee Agreements: Okay or No-kay?
By Roy Simon [Originally published in NYPRR March 2000] Hourly rate fee agreements are the traditional lawyer-on-top “missionary position” of commercial litigation. Contingent fee agreements are the equivalent standard in personal injury matters,...
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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 “Capoccia” Litigation Poses Jurisdictional Questions
By Lazar Emanuel [Originally published in NYPRR February 2000] The litigation swirling around Albany attorney Andrew F. Capoccia raises issues of interest to the profession. The present litigation centers on a complaint by New York Attorney General...
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Comments Off on When Merging Firms Should Notify Clients
By Lazar Emanuel [Originally published in NYPRR February 2000] The current urge to merge is nowhere more pervasive than in the legal profession. The merger of two law firms can be especially traumatic to clients who are suddenly confronted with changes...
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Comments Off on Preserving Client Wills: What Are a Lawyer’s Obligations?
By Roy Simon [Originally published in NYPRR February 2000] When you draft a will, do you retain the original for your client? If you do, what are your obligations? Do you have to read the obituary pages to find out whether your client has died? Do you...
