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“Remembering Professor Monroe Freedman”

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By Abbe Smith The following remarks were delivered on March 1, 2015, at the Memorial Service for Professor Monroe Freedman. Monroe was my friend, co-author, intellectual life partner, mentor, and member of the family. There is no one like him; he is irreplaceable. I’m not the only one who feels this way. I’ve received the [&hellip...

When You Can Contact Others Who Are or Were Represented by Counsel: Part 1

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By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler) Lawyers sometimes want to contact a person who is connected with an adverse party or formerly connected with an adverse party in a transaction or litigation....

“Illegal” Conduct Under Rule 1.2: When Does Advice to a Client Violate an Attorney’s Ethical Obligations?

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By Lewis Tesser and Timothy Nolen Many attorneys have experienced situations in which a client has sought advice about proposed actions which “push the legal limit” or are even clearly illegal. How far—if at all—may attorneys go in assisting a client...

When the Music Stops: Risk Management & Lateral Lawyer Musical Chairs

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By Marian C. Rice What lessons have been learned from the role lateral hiring played in the demise of formerly venerable firms like Dewey, Howery, and Heller Ehrman, to name a few? Have the cautionary tales dampened the enthusiasm for poaching talented...

Tribute to Lazar Emanuel (1924 — 2011)

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[Originally published in NYPRR February 2012] The February 2012 issue of NYPRR is dedicated to the memory of Lazar Emanuel, Publisher and Managing Editor of the New York Professional Responsibility Report. Goodbye, My Friend By Roy Simon With the...

State Bar Amends & Adds Comments to Rules of Professional Conduct (Part II)

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By Roy Simon [Originally published in NYPRR September 2011] On June 25, 2011, at its meeting in Cooperstown, the New York State Bar Association House of Delegates unanimously approved a Report by the State Bar’s Committee on Standards of Attorney...

State Bar Amends & Adds Comments to Rules of Professional Conduct (Part I)

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By Roy Simon [Originally published in NYPRR August 2011] On June 25th, 2011, at its meeting in Cooperstown, the New York State Bar Association House of Delegates unanimously approved a Report by the State Bar’s Committee on Standards of Attorney...

What’s in a Name — Part II

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By Lazar Emanuel [Originally published in NYPRR August 2011] Since April 29, 2011, questions raised by practitioners have prompted four Ethics Opinions from the State Bar on issues related to lawyer advertising and the use of firm names. These opinions...

What’s in a Name? More than Meets the Eye

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By Lazar Emanuel [Originally published in NYPRR June 2011] Considering that Rule 7.5(b) is a verbatim adoption of the Code’s DR 2-102(B), it’s surprising that a rule that has existed for so many years needs interpretation once again. But two recent...

State Bar Amends Comments to Rules (Again)

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By Roy Simon [Originally published in NYPRR March 2011] Two months ago in this publication (NYPRR January 2011), I discussed amendments by the New York State Bar Association to its Comments on the New York Rules of Professional Conduct. My introduction...