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Comments Off on Duty to Disclose All Settlement Offers
Mary C. Daly [Originally published in NYPRR June 2004] Between 95 and 98 percent of all civil cases are settled. Because so much lawyer activity centers around the path to settlement, the conduct of lawyers in negotiating settlements is a matter of...
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Comments Off on Beware When Client Claims Breach of Fiduciary Duty
By Mary C. Daly [Originally published in NYPRR April 2004] In response to a local bar association’s initiative, you have agreed to mentor Junior Lawyer. After a few years as associate in a large metropolitan law firm, Junior has moved into the...
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Comments Off on Court Disqualifies Firm for Former-Client Conflict
By Mary C. Daly [Originally published in NYPRR February 2004] The year 2004 starts off auspiciously for your law firm. Two existing clients and one new one express a strong interest in engaging the firm in separate new matters. While each of the new...
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Comments Off on Exceeding Ethical Limits in Conducting Litigation
By Mary C. Daly [Originally published in NYPRR November 2003] When does a lawyer’s trial conduct exceed ethical limits? Is it unethical to raise your voice to the judge or to opposing counsel? Must you disclose adverse authority if it is certain to...
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Comments Off on The Lawyer & The Judge — Three Scenarios
By Mary C. Daly [Originally published in NYPRR September 2003] It’s been a long week. Just as you are about to drag yourself out of the office late one Friday evening, the phone rings. Against your better judgment, you decide to answer the call. Your...
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Comments Off on Shoals to Avoid When Paying Potential Witnesses
By Mary C. Daly [Originally published in NYPRR July 2003] The Beatles sang, “I get by with a little help from my friends.” But the Beatles weren’t lawyers. Some forms of help are ethically perilous for lawyers, especially if they involve paying...
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Comments Off on Researching Ethics Issues — List of General Sources
By Mary C. Daly [Originally published in NYPRR May 2003] In the March 2003 issue of NYPRR, I discussed those research sources which deal essentially with ethics issues falling under the New York Code of Professional Responsibility and New York statutes...
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Comments Off on Researching Ethics Issues — List of Sources
By Mary C. Daly [Originally published in NYPRR March 2003] The law governing lawyers has grown exponentially more complex over the past decade. As a practical matter, lawyers must devote more time and effort to policing their own conduct and the...
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Comments Off on Distinguishing Among Past, Continuing & Future Crimes
By Mary C. Daly [Originally published in NYPRR January 2003] Two different clients visit a lawyer’s office on the same afternoon. Client A tells the lawyer that he’s been desperate for money and has robbed a bank: “I did it last week.” He asks...
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Comments Off on Don’t Get Burned By Hot Potato Client
By Mary C. Daly [Originally published in NYPRR October 2002] With the downturn in the economy, the pressure on law firms to generate profits has reached a new level of intensity. Some law firms are merging with other firms, hoping that a larger staff...
