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MDP Pot Boils — But No Action in 1999

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By Linda Galler [Originally published in NYPRR September 1999] No issue facing lawyers has attracted more interest or more tension than the issues surrounding MDPs. On June 8, 1999, the ABA Commission on Multidisciplinary Practice released its report recommending that lawyers be permitted to share legal fees, and enter into partnerships with...

Crossing State Lines — Which Law Governs?

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By Mary C. Daly [Originally published in NYPRR September 1999] Advances in communications and transportation over the past 20 years have enormously facilitated the interstate practice of law. The spread of law firms across the land will not stop. The...

Court of Appeals Disqualifies Firm Despite Chinese Wall

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By Roy Simon [Originally published in NYPRR August 1999] In Kassis v. Teacher’s Insurance and Annuity Association [243 AD2d 191 (1st Dept. 1998)], the First Department surprised a lot of people by denying the plaintiff’s motion to disqualify the...

Avoid Penalties Under Fair Debt Collection Procedures Act

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By Stewart E. Wurtzel [Originally published in NYPRR August 1999] The scenario is common. A client asks her attorney to recover monies which a debtor owes to the client but has failed to pay despite the client’s repeated demands. The attorney offers...

Amendments to the ECs (1999)

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By Roy Simon [Originally published in NYPRR August 1999] Almost lost in the hoopla over the new amendments to the disciplinary rules are the new amendments to the Ethical Considerations (ECs), effective June 30, 1999. The ECs are not formally adopted...

Amendments to the DRs (1999)

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By Steven C. Krane [Originally published in NYPRR August 1999] [The following discussion of the new amendments to the Code of Professional Responsibility was prepared by Mr. Krane for his law firm, Proskauer Rose LLP.] Definitions Throughout the Code,...

Limits on Proper Acceptance of Client’s Story

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By Marvin E. Frankel [Originally published in NYPRR July 1999] Among the more horrifying and publicized of recent cases; the guilty plea of Justin Volpe, involving severe injuries to a victim from a bloody assault in a police station, stands out. To...

Lawyer’s Incivility Provokes Three-Month Suspension

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By Hal R. Lieberman [Originally published in NYPRR July 1999] In 1993, I wrote an article for the New York Law Journal entitled, “Lawyer Incivility Is Also Unethical.” [See, NYLJ, 11/15/93, p. 1, col. 1.] The article described three cases decided...

Conflicts of Interest in Adoption Proceedings

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By Ronald C. Minkoff [Originally published in NYPRR July 1999] Every attorney knows the severe consequences of failing to recognize a conflict of interest between two current clients: the attorney may be disqualified from the case, may be denied her...

ABA Commission: Change Fee-Sharing Rules

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By Mary C. Daly [Originally published in NYPRR July 1999] [Editor’s Note: Professor Daly served as the Reporter to the ABA Commission on Multidisciplinary Practice. The views expressed in this article are her own and not those of the Commission.]...