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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...
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Comments Off on Misdeeds of Clients & Lawyer’s Response
By Lazar Emanuel [Originally published in NYPRR November 1999] One of the recurring debates among legal ethicists revolves around the responsibility of the lawyer to report the misdeeds of his client. The conflict is between the lawyer’s duty of...
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Comments Off on Who Controls Your Trust Account? Your Client or His Creditor?
By Roy Simon [Originally published in NYPRR October 1999] I staff the Nassau Bar Ethics Hotline, and several lawyers a week call to ask ethics questions. A question that arises often is the degree to which a client can control the funds in an...
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Comments Off on Transactions with Client: Reviewing the No-Nos
By Lazar Emanuel [Originally published in NYPRR October 1999] The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the...
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Comments Off on Improper Provisions in Retainer Agreements
By Lazar Emanuel [Originally published in NYPRR October 1999] N.Y. State Opinion 719 (1999) The Rules of the Appellate Division require that all attorneys in domestic relations matters “execute a written agreement with the client setting forth in...
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Comments Off on Things Old & New — Code Amendments
By Stephen Gillers [Originally published in NYPRR September 1999] In one way, at least, the July 1999 amendments to the New York Code of Professional Responsibility did not much change it. The Code continues to be a composite of something old,...
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Comments Off on Putting Screens Around Lateral Hire
By Barbara Gillers [Originally published in NYPRR September 1999] The recent amendments to DR 5-108 modernize New York’s rule governing the imputation of conflicts when a lawyer changes firms. The New York rule now conforms to ABA Model Rule 1.9(b),...
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Comments Off on NYC Bar Nixes Restrictive Agreements
By Roy Simon [Originally published in NYPRR September 1999] Two years ago, in a decision, Feldman v. Minars [230 A.D.2d at 359, 658 N.Y.S.2d at 616 (1st Dept. 1997)], the First Department surprised a lot of people by enforcing a restrictive settlement...
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Comments Off on MDP Pot Boils — But No Action in 1999
By Linda Galler [Originally published in NYPRR September 1999] No issue facing lawyers has attracted more interest or more tension than the issues surrounding MDPs. On June 8, 1999, the ABA Commission on Multidisciplinary Practice released its report...
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Comments Off on Crossing State Lines — Which Law Governs?
By Mary C. Daly [Originally published in NYPRR September 1999] Advances in communications and transportation over the past 20 years have enormously facilitated the interstate practice of law. The spread of law firms across the land will not stop. The...
