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Who Is My Client? — Vicarious or Accommodation Clients

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By Ronald C. Minkoff [Originally published in NYPRR May 2008]   When is a “client” not really your client? The answer: When the client is considered a “secondary,” “accommodation,” or “vicarious” client. Though they are often used interchangeably by the courts, these terms actually have different meanings. A “secondary” or...

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Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills

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By Jeremy R. Feinberg [Originally published in NYPRR March 2008]   If you ask anyone to identify services that lawyers provide for their clients, inevitably, one answer you will hear is “prepare wills.” Indeed, many law students, and even...

Who Is My Client? — The Intermittent Client

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By Ronald C. Minkoff [Originally published in NYPRR February 2008]   When is a client no longer a client? This question may seem simple, but it is fraught with peril for lawyers and their firms. The existence of a continuing attorney-client relationship...

State Bar’s Proposed New Rules of Professional Conduct

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By Roy Simon [Originally published in NYPRR January 2008]   Editor’s note: This is the first in a series of articles by Roy Simon that will describe and explain the proposed New York Rules of Professional Conduct that have been approved by the New York...

‘Party’ vs. ‘Person’ in DR 7-104(A)

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By Roy Simon [Originally published in NYPRR June 2007]   May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....

U.S. Courts v. 50 States — New MJP Issues

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By Ronald C. Minkoff [Originally published in NYPRR May 2007]   Now that approximately 35 states have adopted some variation of Model Rule 5.5, and a plethora of case law Birbrower v. Superior Court of California, 17 Cal. 4th 119, 70 Cal. Rptr.2d 304,...

Thumbnail Guide to Amended Advertising Rules

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By Roy Simon [Originally published in NYPRR February 2007]   On Jan. 4, 2007, the courts announced extensive amendments to the rules governing lawyer advertising in New York. This article briefly summarizes the new rules, which are effective as of Feb....

Threatening to File Grievance Against Opposing Counsel

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By Roy Simon [Originally published in NYPRR November 2005]   May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...

‘Of Counsel’ Lawyers & Conflicts of Interest

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By Roy Simon [Originally published in NYPRR July 2005]   The Second Circuit decided a case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005), that turns conventional wisdom upside down. If this...

When Prison Inmate Threatens Suicide

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By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004]   Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide....