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Comments Off on Three NYSBA Ethics Opinions Interpret New MDP Rules
By Mary C. Daly [Originally published in NYPRR August 2002] You have identified a non-legal service that you want to extend to your clients and to others. For the purposes of this article, let’s say that the service will consist of mortgage...
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Comments Off on Enron Debacle — A Primer for N.Y. Lawyers
By Mary C. Daly [Originally published in NYPRR June 2002] The collapse of the Enron Corporation and the indictment of Arthur Andersen have generated a great deal of communal soul searching about how to establish and maintain an ethical environment in a...
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Comments Off on Lawyers as Witnesses — Civil and Criminal Cases
By Mary C. Daly [Originally published in NYPRR April 2002] In NYPRR, February 2002, I provided a general overview of DR 5-102, the so-called “advocate/witness” rule. This article examines how the state and federal courts have interpreted that rule...
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Comments Off on Lawyers as Witnesses: An Overview
By Mary C. Daly [Originally published in NYPRR February 2002] When a lawyer thinks about conflicts of interest, what usually comes to mind are conflicts between the lawyer and a client or between clients. Too often a lawyer neglects to examine whether...
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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 Rules Governing Lawyers in Public Office
By Mary C. Daly [Originally published in NYPRR May 2002] Since the founding of the Republic, lawyers have played a prominent role in government at all levels — national, state, and local. DeTocqueville’s description of lawyers as the newly minted...
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Comments Off on Who Is Your Client — The Business or Its Owners
By Mary C. Daly [Originally published in NYPRR March 2001] Just about every lawyer in the United States who practices in the private sector counts business organizations among her clients. In New York, a lawyer who represents a business organization is...
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Comments Off on When Your Client Plans to Commit a Crime
By Mary C. Daly [Originally published in NYPRR January 2001] The ethical duty of confidentiality is a cornerstone of the client-lawyer relationship. In its absence, clients fearing the disclosure of embarrassing or detrimental information would...
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Comments Off on Resolving Conflicts in Closely-Held Business
By Mary C. Daly [Originally published in NYPRR November 2000] [Editor’s note: This is the second installment of a two-part article.] Last month’s column [NYPRR Oct. 2002] explored how the entity theory of representation can trigger especially...
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Comments Off on Identifying Client in Closely-Held Business
By Mary C. Daly [Originally published in NYPRR October 2000] Representing closely-held and family businesses is a vital part of many lawyers’ practices. These businesses frequently purchase legal services in a wide array of transactional and...
