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Comments Off on Public Disciplinary Hearings? Overview of Debate
By Sarah Diane McShea [Originally published in NYPRR February 2002] For many years, the New York State Bar Association has opposed opening attorney disciplinary proceedings to the public. By the time this article is printed, the House of Delegates of...
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Comments Off on When Lawyers Err — Grounds for Discipline
By Lazar Emanuel [Originally published in NYPRR April 2001] Several recent Disciplinary Proceedings before the Appellate Division, Second Department provide valuable lessons into the snares and pitfalls confronting every lawyer. It’s instructive to...
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Comments Off on Revisiting N.Y. Rule on Threats of Criminal Prosecution
By Sarah Diane McShea [Originally published in NYPRR November 2000] Disciplinary Rule 7-105(a) forbids lawyers from threatening criminal prosecution “solely to obtain an advantage in a civil matter.” However, the rule has been interpreted in New...
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Comments Off on “Capoccia” Litigation Poses Jurisdictional Questions
By Lazar Emanuel [Originally published in NYPRR February 2000] The litigation swirling around Albany attorney Andrew F. Capoccia raises issues of interest to the profession. The present litigation centers on a complaint by New York Attorney General...
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Comments Off on Future of Attorney Discipline in N.Y.’s First Judicial Department
By Hal R. Lieberman [Originally published in NYPRR February 1999] As the year 2000 approaches, the legal profession in the U.S. will soon number nearly one million. There will be 175,000 of us in New York alone, 60,000 in the First Judicial Department....
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Comments Off on When Complaint Is Filed Against You — How Disciplinary System Works
By Sarah Diane McShea [Originally published in NYPRR May 1998] Most lawyers will receive at least one complaint of unethical conduct at some point during their careers. This is true for lawyers who never practice law and it is true for lawyers who hold...
