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Transactions with Client: Reviewing the No-Nos

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By Lazar Emanuel [Originally published in NYPRR October 1999]   The amendments to DR 5-104 emphasize the intent of the New York courts to expand the controls upon transactions between a lawyer and his clients. [22 NYCRR §1200.23.] The changes bring the New York rules closer in scope and language to ABA Model Rule 1.8(a) [&hellip...

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Things Old & New — Code Amendments

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By Stephen Gillers [Originally published in NYPRR September 1999]   In one way, at least, the July 1999 amendments to the New York Code of Professional Responsibility did not much change it. The Code continues to be a composite of something old,...

When Lawyer Should Comply with Client Instructions

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By Lazar Emanuel [Originally published in NYPRR May 1999]   N.Y. State Bar Op. 713 (1999) Question: A lawyer has drafted a deed for his client who is taking title to parcels of real estate in satisfaction of a preexisting debt. The client has instructed the...

Your Client Is a Corporation — Are Its Affiliates Clients Too?

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By Stephen Gillers [Originally published in NYPRR May 1999]   Conflict of interest rules have become exponentially more complex in the last 25 years. Rules governing conflicts in the corporate family can be especially daunting. If you represent one...

The Ethics of Ethics Consulting

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By Roy Simon [Originally published in NYPRR April 1999]   Protecting client confidences and secrets is among a lawyer’s most solemn obligations under the Code of Professional Responsibility A lawyer who breaches client confidentiality without...

Three 1998 Nassau Bar Ethics Committee Opinions

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By Roy Simon [Originally published in NYPRR March 1999]   On Oct. 28, 1998, the Nassau County Bar Professional Ethics Committee issued the following three opinions. Defending Against Suit By Former Client [Nassau County Bar Op. 98-11 (1998)] An attorney...

When Lawyers Work for Accounting Firms

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By Linda Galler [Originally published in NYPRR February 1999]   Large American accounting firms are following the lead of their counterparts in Europe by expanding the range of services offered to the public into areas traditionally served by law firms....

Two NYCLA Ethics Opinions — Oct. 1998

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By Roy Simon [Originally published in NYPRR January 1999]   In October 1998, the NYCLA Committee on Professional Ethics issued two ethics opinions. Here are summaries of them: Discarding Old Files — NYCLA Op. 725 (10/6/1998) “When and how may a...

State Bar Issues Opinion on Use of Internet

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By Lazar Emanuel [Originally published in NYPRR December 1998]   In its first major pronouncement on law practice over the Internet, the New York State Bar Association’s Committee on Professional Ethics has issued Ethics Opinion 709 (Sept. 16, 1998)....

When Partners Part: Ethical Implications of Lawyer Mobility

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By Steven C. Krane [Originally published in NYPRR September 1998]   [Editor’s note: This is the first of two articles on the problems that arise when a partner decides to leave a firm. This article deals with the responsibilities of the partner who...