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When Merging Firms Should Notify Clients

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By Lazar Emanuel [Originally published in NYPRR February 2000]   The current urge to merge is nowhere more pervasive than in the legal profession. The merger of two law firms can be especially traumatic to clients who are suddenly confronted with changes in address, phone number and even personnel, without prior notice. In recognition of [&hellip...

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Preserving Client Wills: What Are a Lawyer’s Obligations?

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By Roy Simon [Originally published in NYPRR February 2000]   When you draft a will, do you retain the original for your client? If you do, what are your obligations? Do you have to read the obituary pages to find out whether your client has died? Do you...

Patent Attorneys Subject to Discipline in New York

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By Lazar Emanuel [Originally published in NYPRR February 2000]   Is a patent attorney who is also admitted to practice in New York subject to the same grievance machinery which is applicable to other lawyers under the rules of the Appellate Divisions and...

Lawyer’s Duties When Co-Clients Battle

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By Lazar Emanuel [Originally published in NYPRR February 2000]   A lawyer who undertakes to represent two clients with seemingly common interests will often find that the interests eventually diverge. When they do, he may be asked to represent one client...

Debt Collection Letter Ruled Deceptive

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By Lazar Emanuel [Originally published in NYPRR February 2000]   A federal judge has reminded lawyers who write consumer collection letters that they must look carefully at the provisions of the Federal Debt Collection Procedures Act, 15 USCA §§1692 et...

Undercover Investigators & Disciplinary Rules

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By Roy Simon [Originally published in NYPRR January 2000]   Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...

Controlling Conflicts Between Old & New Clients

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By Stephen Gillers [Originally published in NYPRR January 2000]   At first hearing, it may sound odd to learn that a lawyer’s representation of a new client conflicts with duties the lawyer still owes to a former client, perhaps one for whom the lawyer...

Anti-Contact Rule & Subordinate Employees

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By Hal R. Lieberman [Originally published in NYPRR January 2000]   My colleague Roy Simon has written an article, “Undercover Investigators & Disciplinary Rules,” which appears in NYPRR January 2000, in which he reviews in detail the facts and...

Who Is Your Client in Small Business Matters?

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By Roy Simon [Originally published in NYPRR December 1999]   When you are handling matters for a small corporation, who is your client? This is not a trick question. You should know the answer. As DR 5-109(A) states: When a lawyer employed or retained by...

NYCLA Opinions 727 & 728 (1999)

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By Roy Simon [Originally published in NYPRR December 1999] Here are two New York County Lawyers Association Opinions, issued June 30, 1999, discussing issues that arise when a judge joins a firm (727), and when the only partner with a particular specialty...