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Comments Off on Duty to Disclose Error That May Constitute Malpractice
By Lazar Emanuel [Originally published in NYPRR February 2001] When does a lawyer have a duty to report to a client an error or omission that may lead to a malpractice claim against the lawyer? And when does the lawyer have a duty to withdraw after...
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Comments Off on Case Digests: “Santalucia v. Sebright Transportation,” “Baker v. Dorfman,” “Britt v. Legal Aid Society”
By Lazar Emanuel [Originally published in NYPRR January 2001] Santalucia v. Sebright Transportation, Inc. Contingent-Fee cases are property of dissolving firm. Absent contrary agreement, firm gets value of claim at dissolution, not quantum meruit. The...
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Comments Off on Working Without Fees: Failure to Heed Rules in Domestic Relations Matters
By Lazar Emanuel [Originally published in NYPRR December 2000] Two decisions by New York County Supreme Court judges imposed draconian penalties on lawyers who failed to follow the rules controlling retainer agreements, client billing, arbitration...
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Comments Off on NYSBA Delegates Approve MacCrate MDP Proposals
By Lazar Emanuel [Originally published in NYPRR December 2000] New York took a significant first step towards the implementation of the MacCrate Committee’s MDP proposals on Nov. 4, 2000, when the NYSBA House of Delegates approved two new DRs — DR...
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Comments Off on Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer
By Lazar Emanuel [Originally published in NYPRR April 2000] What happens when a solo practitioner dies leaving no immediate family and no personal estate requiring administration? What if his landlord is threatening to destroy his files? Who is...
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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 When Merging Firms Should Notify Clients
By Lazar Emanuel [Originally published in NYPRR February 2000] The current urge to merge is nowhere more pervasive than in the legal profession. The merger of two law firms can be especially traumatic to clients who are suddenly confronted with changes...
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Comments Off on Patent Attorneys Subject to Discipline in New York
By Lazar Emanuel [Originally published in NYPRR February 2000] Is a patent attorney who is also admitted to practice in New York subject to the same grievance machinery which is applicable to other lawyers under the rules of the Appellate Divisions and...
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Comments Off on Lawyer’s Duties When Co-Clients Battle
By Lazar Emanuel [Originally published in NYPRR February 2000] A lawyer who undertakes to represent two clients with seemingly common interests will often find that the interests eventually diverge. When they do, he may be asked to represent one client...
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Comments Off on Debt Collection Letter Ruled Deceptive
By Lazar Emanuel [Originally published in NYPRR February 2000] A federal judge has reminded lawyers who write consumer collection letters that they must look carefully at the provisions of the Federal Debt Collection Procedures Act, 15 USCA §§1692 et...
