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Three Decisions of Interest

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By Lazar Emanuel [Originally published in NYPRR February 2004]   Business Corp. Law §1505(a) Applies to Lawyer in P.C. The law firm of Jeffrey S. Dweck is organized as a P.C. Jeffrey S. Dweck is a shareholder in the P.C. The law firm agreed to act as escrow agent of funds deposited by an individual [&hellip...

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Threatening Criminal Charges to Obtain Civil Advantage

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By Lazar Emanuel [Originally published in NYPRR January 2004]   In an important and far-ranging Opinion [Opinion 772, 11/14/03], the New York State Bar has explored the question: To what extent and under what circumstances may a lawyer threaten a third...

When Uninvited Disclosures Become Confidences

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By Lazar Emanuel [Originally published in NYPRR October 2003]   Every lawyer knows the feelings of discomfiture that arise on those occasions when an individual who is not a present client insists on asking for advice, or on disclosing facts which would...

Washington State Bar Takes on SEC

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By Roy Simon [Originally published in NYPRR October 2003]   A New York legal ethics newsletter may seem like an unlikely place to write about federal preemption doctrine. For more than 100 years, the rules that govern the conduct of lawyers have...

You Can’t Stop Client from Complaining

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By Steven C. Krane [Originally published in NYPRR September 2003]   The representation did not go well. The client was unhappy with your services. Your fee bills remained unpaid for months on end. The client fired you and retained new counsel. (Things...

The Lawyer & The Judge — Three Scenarios

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By Mary C. Daly [Originally published in NYPRR September 2003]   It’s been a long week. Just as you are about to drag yourself out of the office late one Friday evening, the phone rings. Against your better judgment, you decide to answer the call. Your...

Warning to Lawyers: Choose Your Escrow Bank Carefully

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By Lazar Emanuel [Originally published in NYPRR August 2003]   The decision of Supreme Court Judge Edward H. Lehner in Bazinet v. Kluge [N.Y. Cty., No. 110143/01, 5/29/03], requires careful study by lawyers who draft contracts providing for the deposit...

‘But For’ Standard in Transactional Malpractice

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By Roy Simon [Originally published in NYPRR August 2003]   Transactional lawyers across the country recently had a close shave. The close shave came in a California legal malpractice suit against Williams & Connolly and its partner Charles Sweet. The...

When Prospective Clients Raise Conflicts of Interest

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By Roy Simon [Originally published in NYPRR May 2003]   When you interview a prospective client (Prospect) but the Prospect does not hire you or you turn down the engagement, may you later oppose the Prospect in a substantially related matter? If you...

Unbundling of Services & Practice of Law

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By Lazar Emanuel [Originally published in NYPRR May 2003]   Two trends in the practice of law are gathering speed simultaneously but independently. Eventually, they will affect each other in ways that no one can now anticipate. The first trend, born of...