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Comments Off on Lawyer-to-Lawyer Referrals — Clarifying the Rules
By Lazar Emanuel [Originally published in NYPRR June 2001] The best of three possible answers to a question on the CLE self-assessment test in the April 2001 issue of NYPRR was: “Under DR 2-103(B), a lawyer may pay a client referral fee to…another...
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Comments Off on Lawyer May Not Refer Client to Spouse’s Title Company
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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Comments Off on NYSBA Nixes Escrow Checks on Uncollected Bank Funds
By Lazar Emanuel [Originally published in NYPRR May 2001] Stage set: A typical house title closing. Present: The usual cast. Plot: Buyers have contracted to pay $250,000 for a one-family house in Queens. Seller’s attorney is holding the $25,000 con-...
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Comments Off on Multiple Representation When Recovery Fund Is Limited
By Lazar Emanuel [Originally published in NYPRR May 2001] The decision by Nassau County Supreme Court Judge F. Dana Winslow in Gentile v. Hart Limousine and Entertainment, provides interesting instruction on the conflicts of interest inherent in the...
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Comments Off on ABA Commission Would Liberalize Practice Rules
By Lazar Emanuel [Originally published in NYPRR May 2001] As out-of-state law firms invade New York and New York firms move to establish beachheads in other states, legal scholars are struggling to redefine the barriers against unauthorized practice....
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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 Nassau Bar Committee Okays Tie with AmeriCounsel.com
By Lazar Emanuel [Originally published in NYPRR April 2001] In Nassau County Bar Op. 01-04 (2/13/2001), the Professional Ethics Committee of the Bar Association of Nassau County issued an important opinion giving the green light, subject to a few...
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Comments Off on When Lawyer-Mediator May Draft Divorce Papers
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 736 The NYSBA Committee on Professional Ethics has reviewed the duties of a lawyer-mediator who resolves the terminal dispute between husband and wife and then is asked to draft...
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Comments Off on Lawyer May Contact Adverse Party’s Accountant
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 735 May a lawyer communicate with an accountant who has worked as an independent contractor for the opposing party without getting the consent of opposing counsel? This issue was...
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Comments Off on City Bar Says ‘Affiliate’ Firms Must Observe Conflicts Rules
By Lazar Emanuel [Originally published in NYPRR March 2001] Formal Opinion 2000-4 In Formal Opinion 2000-4, the Association of the Bar of the City of New York has reviewed the circumstances under which two firms may describe themselves as...
