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NYPRR Archive •
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Comments Off on Comparing Two Decisions on Lawyer Disqualification
[Originally published in NYPRR July 2002] This is a review of two lawsuits with virtually identical facts but with strikingly different results. Both cases deal with lawyer disqualification in conflicts between former and current clients. The first was...
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Comments Off on Firm Disqualified for Conflict Between Clients
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...
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Comments Off on Firm Disqualified from Arguing Motion
By Lazar Emanuel [Originally published in NYPRR December 2001] The firm of Newman & Greenberg was retained to represent one of the defendants against a federal indictment for money laundering and conspiracy to launder money. The firm submitted a...
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Comments Off on Judge Casey’s Primer on Lawyer Disqualification
By Lazar Emanuel [Originally published in NYPRR October 2001] Occasionally, a judge’s well-reasoned opinion serves as a primer on essential principles of professional responsibility. The opinion of Judge Richard C. Casey (S.D.N.Y.) in Crudele v. New...
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Comments Off on Three Case Digests: July 2001
By Lazar Emanuel [Originally published in NYPRR July 2001] Non-Client Defendant May Move to Disqualify Counsel The Brickman law firm represented Client Matthews in an age discrimination claim against his former employer, defendant’s predecessor in...
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Comments Off on Passing the Baton When a Lawyer Is Disqualified
By Mary C. Daly [Originally published in NYPRR July 2001] The event you most dreaded has just occurred. Your adversary has moved — successfully — for the disqualification of your law firm in an important matter involving a long-term client. After...
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Comments Off on Disqualification Denied Again: “Amazonas” Case
By Hal R Lieberman [Originally published in NYPRR July 2001] The usual context for asserting a disqualification motion is an alleged conflict of interest pitting the lawyer’s current client against another current or former client. In a series of...
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Comments Off on Four Case Digests: May 2001
[Originally published in NYPRR May 2001] Firm Representing State Agency Not Disqualified from Suit Against State Covington and Burling (C&B) represents Brown & Williamson Tobacco Corp. in an action to block enforcement of a New York State...
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Comments Off on Prospective Client & Proposed Model Rule 1.18
By Marvin E. Frankel & Ronald W. Adelman [Originally published in NYPRR February 2001] The ABA’s Ethics Commission 2000 has proposed a draft new Model Rule 1.18, titled “Duties to a Prospective Client.” The proposed rule, which merits and...
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Comments Off on Growing Trend Against Motions to Disqualify
By Roy Simon [Originally published in NYPRR January 2001] In the prior installments of this article, I considered the reluctance of the district courts to disqualify lawyers on conflicts issues, even when discipline for a breach of the ethics rules may...
