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Comments Off on Six Ethics Opinions — August 1998
By Roy Simon [Originally published in NYPRR August 1998] In late May 1998, the New York State Bar Association Committee on Professional Ethics issued six new ethics opinions on a variety of matters. Following are summaries of these important opinions:...
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Comments Off on Researching Ethics Issues in N.Y.: Adventures in the Archipelago
By Steven C. Krane [Originally published in NYPRR July 1998] To paraphrase Yogi Berra, 90 percent of legal ethics is one-half issue spotting. Many lawyers violate ethical or legal principles simply because they are not aware that there is a rule...
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Comments Off on Ethics & Professional Responsibility Issues in Large Law Firms
By Sarah Diane McShea [Originally published in NYPRR July 1998] Until recently, there was a general consensus in the legal profession that ethical lapses were primarily a problem for solo practitioners and small firm lawyers and that lawyers in large...
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Comments Off on Does Your Client Own Your ‘Entire File’?
By Roy Simon [Originally published in NYPRR July 1998] In NYPRR April 1998 issue, we discussed what a lawyer should do if a former client fails or refuses to take custody of an old file. Now, we discuss the converse: What must a lawyer do when a client...
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Comments Off on How to Deal with the (Truly) Repugnant Client
By Gary A. Munneke [Originally published in NYPRR July 1998] All lawyers find that not all clients are like Snow White — the fairy tale princess, whose only sin was getting hooked up with a bad apple. They often find themselves dealing with the...
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Comments Off on Dangers of Engaging in Business with Your Client
By Peter James Johnson, Jr. [Originally published in NYPRR July 1998] When a valued client suggests that you enter into a business transaction with him, think long and hard about it. The wrong decision can affect not only your liability insurance...
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Comments Off on To Hell with Standards of Civility — Wait, Not So Fast!
By Roy Simon [Originally published in NYPRR June 1998] In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...
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Comments Off on Are Restrictive Practice Agreements Fair Game After Feldman?
By Mary C. Daly [Originally published in NYPRR June 1998] Negotiating the settlement of an ongoing or threatened litigation is a complex task, demanding the thoughtful exercise of written, oral, and interpersonal skills. The parties’ lawyers must...
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Comments Off on Advertising: Targeted Mailings for Personal Injury & Criminal Clients
By Ellen Yaroshefsky [Originally published in NYPRR June 1998] Five days ago, two trains collided just outside of Binghamton. Your six lawyer firm, with some experience in complex personal injury litigation, wants to offer its services by sending a...
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Comments Off on Four Ethics Opinions — June 1998
By Roy Simon [Originally published in NYPRR June 1998] Recently, the New York County Lawyers Association issued an important opinion explaining the circumstances under which a lawyer may seek a client’s advance waiver of future conflicts of interest,...
