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Overall View of Litigation Funding Industry

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By Lazar Emanuel [Originally published NYPRR February 2011] On Jan. 16, 2001, The New York Times ran a front-page story whose general thrust was set by the headline, “Lawsuit Loans add new risk for the Injured.” The article was a collaboration...
NYSBA Amends Comments to New York Rules of Professional Conduct

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By Roy Simon [Originally published in NYPRR January 2011] At its Nov. 3, 2010 meeting, the New York State Bar Association amended the Comments to the New York Rules of Professional Conduct. The press release by the State Bar said, in part: As part of...
Refco Puzzle: When Are Complicit Third Parties Liable?

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By Lazar Emanuel [Originally published in NYPRR January 2011] Ever since the Refco scandal erupted in October 2005, the federal and state courts have been struggling to answer a fundamental question of third-party liability — when is a lawyer, an...
In-House Registration Proposal Approved by State Bar

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By Roy Simon [Originally published in NYPRR December 2010] On Nov. 6, 2010, the New York State Bar Association House of Delegates overwhelmingly approved, by voice vote, a proposed new Part to the Rules of the Court of Appeals. The new rules would...
Rule 5.6: As Written or As Applied?

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By: Ronald C. Minkoff [Originally published in NYPRR December 2010] [Note: In this article, I use “partner” and “partnership” as short-hand for, respectively, all the principals in a law firm (including shareholders, members, etc.) and all law...
A Thoughtful Case on Advocate-Witness Rule

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By Roy Simon [Originally published in NYPRR November 2010] This year (2010) has produced a bumper crop of decisions about the advocate-witness rule (Rule 3.7) in New York state and federal courts. I have already written about the advocate-witness rule...
Ethics of Ghost Lawyering

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By Allison Schoenthal & Jeremy R. Feinberg [Originally published in NYPRR November 2010] Given the rapid approach of Halloween, we’d like to share a “ghost story” with you. Imagine being approached by an elderly woman with limited income who...
Recognizing Interest on Loans as a Litigation Expense

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A Commentary by Lazar Emanuel [Originally published in NYPRR October 2010] In the action brought in behalf of 10,000 claimants of 9/11 respiratory disease (In Re: World Trade Center Disaster Site Litigation, Docket No: 21 MC 100), Southern District...
Rule 1.11: Screening Former Government Lawyers

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By Roy Simon [Originally published in NYPRR October 2010] Two decisions this year have applied Rule 1.11 of the New York Rules of Professional Conduct to former government lawyers now in private practice. In In re Coleman, 69 A.D.3d 846 (2d Dept....
Editorial: Amend Judiciary Law §491 and Rule 5.4(a)(3).

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[Originally published in NYPRR September 2010] In adopting the language of DR 3-102(a)(3) without essential change, Rule 5.4(a)(3) of the rules of Professional Conduct has perpetuated the anomaly created by the co-existence of Judiciary Law § 491 and...