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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. 2010), the Second Department reversed a disqualification of a law firm that [&hellip...

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...

Does the Lawyer for a Partnership Represent the Partners?

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By Roy Simon Originally published in NYPRR September 2010] Does a lawyer for a partnership represent the general partners? a recent case granting a motion to disqualify spurred me to re-examine this issue. I found surprisingly few New York cases...

May a Lawyer Split His Legal Fees with an Employee?

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By Lazar Emanuel [Originally published in NYPRR September 2010] A paralegal who is employed by a personal injury practitioner receives a phone call from a friend. The friend describes a multi-vehicle accident in which several people are seriously...

Tribute to Steve Krane

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Note: The August 2010 issue of NYPRR is dedicated to the memory of Steven C. Krane, General Counsel of Proskauer Rose, LLP. Steve served us all in many roles — as law clerk to Chief Judge Judith S. Kaye, as the youngest President of the New York State Bar...

From Advisory Committee on Judicial Ethics: Joint Opinion 09-192/09-231 (Jan. 27–28, 2010)

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[Originally published in NYPRR July 2010] The Advisory Committee on Judicial Ethics (www.nycourts.gov/ip/acje) responds to written inquiries from New York State’s full- and part-time judges, candidates for elective judicial office, and quasi-judicial...

Can Screening Cure Conflicts? Yes and No

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By Roy Simon [Originally published in NYPRR July 2010] If your law firm is hit with a motion to disqualify based on a conflict of interest, does a screen cure the conflict? In the New York Rules of Professional Conduct, the answer is yes and no. The...

Litigation Funding and the Law of Champerty

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By Lazar Emanuel [Originally published in NYPRR July 2010] Does the exchange of questions and answers between the Second Circuit Court of Appeals and the New York Court of Appeals in Trust v. Love Funding, decided in January 2010, put at jeopardy the...

Courts Amend Rule 6.4, Removing Big Chill

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By Roy Simon [Originally published in NYPRR June 2010] On May 4, 2010, effective immediately, the Administrative Board of the Courts amended Rule 6.4 of the New York Rules of Professional Conduct. This column discusses the scope and history of Rule...

Bright Line Protects Secondary Actors from Civil Liability in Securities Fraud Actions

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By Lazar Emanuel [Originally published in NYPRR June 2010] [Author’s note: As I finished this article, the U.S. Senate was voting to approve the provisions of S.3217, the “Restoring American Financial Stability Act.” I had been following closely...