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News & Developments for New York Lawyers

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By Lazar Emanuel [Originally published in NYPRR August 1998]   Mandatory CLE for All Lawyers The Administrative Board of the Courts has announced that mandatory continuing legal education will be required of all New York lawyers. The new rules will take effect on Dec. 31, 1998. The rules will force approximately 110,000 lawyers to complete [&hellip...

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Group Advertising By Lawyers

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By Sharon Stern Gerstman [Originally published in NYPRR August 1998]   Small and medium-sized law firms with less power and fewer resources than larger law firms may be looking for new ways to reach the public. One way is to enter into joint advertising...

Six Ethics Opinions — August 1998

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By Roy Simon [Originally published in NYPRR August 1998]   In late May 1998, the New York State Bar Association Committee on Professional Ethics issued six new ethics opinions on a variety of matters. Following are summaries of these important opinions:...

Researching Ethics Issues in N.Y.: Adventures in the Archipelago

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By Steven C. Krane [Originally published in NYPRR July 1998]   To paraphrase Yogi Berra, 90 percent of legal ethics is one-half issue spotting. Many lawyers violate ethical or legal principles simply because they are not aware that there is a rule...

Ethics & Professional Responsibility Issues in Large Law Firms

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By Sarah Diane McShea [Originally published in NYPRR July 1998]   Until recently, there was a general consensus in the legal profession that ethical lapses were primarily a problem for solo practitioners and small firm lawyers and that lawyers in large...

Does Your Client Own Your ‘Entire File’?

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By Roy Simon [Originally published in NYPRR July 1998]   In NYPRR April 1998 issue, we discussed what a lawyer should do if a former client fails or refuses to take custody of an old file. Now, we discuss the converse: What must a lawyer do when a client...

How to Deal with the (Truly) Repugnant Client

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By Gary A. Munneke [Originally published in NYPRR July 1998]   All lawyers find that not all clients are like Snow White — the fairy tale princess, whose only sin was getting hooked up with a bad apple. They often find themselves dealing with the...

Dangers of Engaging in Business with Your Client

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By Peter James Johnson, Jr. [Originally published in NYPRR July 1998]   When a valued client suggests that you enter into a business transaction with him, think long and hard about it. The wrong decision can affect not only your liability insurance...

To Hell with Standards of Civility — Wait, Not So Fast!

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By Roy Simon [Originally published in NYPRR June 1998]   In September 1997, effective immediately, the New York courts adopted Standards of Civility, a nonbinding set of “guidelines intended to encourage lawyers, judges and court personnel to observe...

Are Restrictive Practice Agreements Fair Game After Feldman?

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By Mary C. Daly [Originally published in NYPRR June 1998]   Negotiating the settlement of an ongoing or threatened litigation is a complex task, demanding the thoughtful exercise of written, oral, and interpersonal skills. The parties’ lawyers must...