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Comments Off on NYC Bar Nixes Restrictive Agreements
By Roy Simon [Originally published in NYPRR September 1999] Two years ago, in a decision, Feldman v. Minars [230 A.D.2d at 359, 658 N.Y.S.2d at 616 (1st Dept. 1997)], the First Department surprised a lot of people by enforcing a restrictive settlement...
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Comments Off on Court of Appeals Disqualifies Firm Despite Chinese Wall
By Roy Simon [Originally published in NYPRR August 1999] In Kassis v. Teacher’s Insurance and Annuity Association [243 AD2d 191 (1st Dept. 1998)], the First Department surprised a lot of people by denying the plaintiff’s motion to disqualify the...
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Comments Off on Amendments to the ECs (1999)
By Roy Simon [Originally published in NYPRR August 1999] Almost lost in the hoopla over the new amendments to the disciplinary rules are the new amendments to the Ethical Considerations (ECs), effective June 30, 1999. The ECs are not formally adopted...
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Comments Off on Estate Planning Lawyer May Not Sell Long-Term Care Insurance
By Roy Simon [Originally published in NYPRR May 1999] Selling Long-Term Care Insurance to Estate Planning Clients N.Y. State Bar Op. 711 (1999) — Question: May a lawyer who is licensed as an insurance broker sell long-term care insurance to clients whom...
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Comments Off on Don’t Hire Disbarred Lawyer to Work in Your Office
By Roy Simon [Originally published in NYPRR May 1999] In October 1998, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York issued an opinion strongly cautioning any lawyer before hiring a disbarred...
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Comments Off on The Ethics of Ethics Consulting
By Roy Simon [Originally published in NYPRR April 1999] Protecting client confidences and secrets is among a lawyer’s most solemn obligations under the Code of Professional Responsibility A lawyer who breaches client confidentiality without...
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Comments Off on Second Circuit Rejects Privilege Claim for Conversation with Investment Banker
By Roy Simon [Originally published in NYPRR April 1999] Suppose a lawyer is structuring a major acquisition for a corporate client and finds it necessary to consult with an investment banker to grasp the details of the transaction. The lawyer’s sole...
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Comments Off on Do I Have to Keep These Old Files?
By Roy Simon [Originally published in NYPRR April 1998] Are old files stacked all over your office, or is your file room running out of space, or are you paying huge bills to store your closed files off site? If so, read on. This article tells you (1)...
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Comments Off on Three 1998 Nassau Bar Ethics Committee Opinions
By Roy Simon [Originally published in NYPRR March 1999] On Oct. 28, 1998, the Nassau County Bar Professional Ethics Committee issued the following three opinions. Defending Against Suit By Former Client [Nassau County Bar Op. 98-11 (1998)] An attorney...
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Comments Off on Two NYCLA Ethics Opinions — Oct. 1998
By Roy Simon [Originally published in NYPRR January 1999] In October 1998, the NYCLA Committee on Professional Ethics issued two ethics opinions. Here are summaries of them: Discarding Old Files — NYCLA Op. 725 (10/6/1998) “When and how may a...
