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What I Need to Learn in Law School — Lessons in Ethics

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By Jeremy R. Feinberg & Laura Smith [Originally published in NYPRR September 2009]   As thousands of aspiring lawyers enter law school this month, we decided to depart from our usual NYPRR contributions on the ethics of lawyers and judges, and instead discuss matters relating to law students. We wanted to go beyond law school [&hellip...

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Who May Use the Title ‘Partner’?

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By Roy Simon [Originally published in NYPRR December 2008]   New York’s Ethical Consideration 2-12 (as renumbered in November 2007) states: “In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be...

Undeniably Important — Pro Bono Work Made Easier By Recent Ethics Developments

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By Jeremy R. Feinberg [Originally published in NYPRR September 2008]   The words “pro bono publico,” a Latin phrase meaning “for the public good,” is one expression that all attorneys and many clients know. In the practice of law, the public good...

Wrong Plaintiff? Wrong Defendant? Beware a Motion for Sanctions

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By Lazar Emanuel [Originally published in NYPRR August 2008]   Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has “standing” to sue this defendant. In an action to recover...

Who Controls Disbarred Lawyer’s Trust Account? — Proposed Amendments to DR 9-102(G)

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By Roy Simon [Originally published in NYPRR August 2008]   This column is about a Disciplinary Rule that you and your law firm have probably never encountered but that profoundly affects the public image of the legal profession. It is about DR 9-102(G),...

Who Is My Client? — Vicarious or Accommodation Clients

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By Ronald C. Minkoff [Originally published in NYPRR May 2008]   When is a “client” not really your client? The answer: When the client is considered a “secondary,” “accommodation,” or “vicarious” client. Though they are often used...

Where There’s a Will, There’s a Way…? Ethical Pitfalls in Preparing & Administering Wills

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By Jeremy R. Feinberg [Originally published in NYPRR March 2008]   If you ask anyone to identify services that lawyers provide for their clients, inevitably, one answer you will hear is “prepare wills.” Indeed, many law students, and even...

Who Is My Client? — The Intermittent Client

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By Ronald C. Minkoff [Originally published in NYPRR February 2008]   When is a client no longer a client? This question may seem simple, but it is fraught with peril for lawyers and their firms. The existence of a continuing attorney-client relationship...

State Bar’s Proposed New Rules of Professional Conduct

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By Roy Simon [Originally published in NYPRR January 2008]   Editor’s note: This is the first in a series of articles by Roy Simon that will describe and explain the proposed New York Rules of Professional Conduct that have been approved by the New York...

‘Party’ vs. ‘Person’ in DR 7-104(A)

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By Roy Simon [Originally published in NYPRR June 2007]   May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....