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Posts Tagged ‘Conflicts’

  • Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules

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    By Roy Simon [Originally published in NYPRR July 2009]   This month’s column continues my series on the new New York Rules of Professional Conduct. This section begins with Rule 1.9 and ends with Rule 1.12. Rule 1.9: Duties to Former Clients Rule 1.9,...

  • Corporate Family Conflicts: City Bar Speaks

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    By Roy Simon [Originally published in NYPRR November 2007]   In a recent opinion, N.Y. City 2007-3, the New York City Bar’s Committee on Professional and Judicial Ethics asked a very simple question: “May a law firm accept a representation that is...

  • How Nonlawyers Can Create Conflicts for Lawyers

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    By Roy Simon [Originally published in NYPRR April 2003]   Does your law firm check for conflicts of interest when it hires secretaries and paralegals? It should, because non-lawyers can create conflicts for lawyers. This article explains how. The basic...

  • Nassau County Bar Issues Ethics Opinions 2002-01 & 2002-02

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    [Originally published in NYPRR July 2002]   The Committee on Professional Ethics of the Nassau County Bar Association has issued two new ethics opinions, both dated March 26, 2002. Both present novel issues.   Opinion 2002-01 Lawyers A and B...

  • Firm Disqualified for Conflict Between Clients

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    By Lazar Emanuel [Originally published in NYPRR May 2002]   In R.M. Buck Construction Corporation v. Village of Sherbourne [#90788 (April 4, 2002)], the Appellate Division, Third Department, ordered the disqualification of Melvin & Melvin LLP, a...

  • Ethics Opinions from Other Jurisdictions

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    [Originally published in NYPRR April 2002]   Ohio: Agreement By Law Firm to Pay ‘Promotion’ Fee to Real Estate Agency An Ohio law firm proposed to pay an annual fee to a real estate agency and to discount its fees to the agency’s customers in...

  • Dual Representation Proper If No Present Conflict Exists

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    [Originally published in NYPRR February 2002]   In Opinion 01-5, the Nassau County Bar Association Committee on Professional Ethics considered the following question: may a lawyer defend both a stockbroker and her employer in a single litigation in...

  • Imputed Conflicts Under DR 1-106

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    By Roy Simon [Originally published in NYPRR December 2001]   My last two articles in NYPRR (Oct. & Nov. 2001) have covered client-to-client conflicts and personal conflicts under the new MDP rules, DRs 1-106 and 1-107, which took effect on Nov. 1,...

  • Conflicts and Referral Fees

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    By Lazar Emanuel [Originally published in NYPRR November]   In Ethics Opinion 745, the NYSBA considered the issue of referrals to another lawyer by a lawyer who is disqualified from continuing a representation by virtue of a conflict of interest. The...

  • Lawyer May Not Refer Client to Spouse’s Title Company

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    By Lazar Emanuel [Originally published in NYPRR June 2001]   In NYSBA Opinion 738, released on April 16, 2001, the State Bar Committee reviewed a number of prior Ethics Opinions dealing with the conflicts which can arise when a lawyer or law firm...

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