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Comments Off on Celebrity Client Testimonials — NYSBA Opinion 792/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 792 — 2/14/2006 In Opinion 792, the Committee asked three questions concerning the use by a lawyer of a radio or TV testimonial by a celebrity client. Presumably, a celebrity client is one whose voice, face or name would be immediately recognized by people [&hellip...
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Comments Off on Participation in Business Networks — NYSBA Opinion 791/2006
By Lazar Emanuel [Originally published in NYPRR April 2006] Opinion 791 — 2/1/2006 The Committee was asked to reconsider its opinion 741(5/25/01), dealing with a lawyer’s participation in a business network which requires reciprocal referrals and which...
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Comments Off on N.Y. County Lawyers Proposes Changes in Client Funds Rules
By Lazar Emanuel [Originally published in NYPRR April 2006] In a letter addressed to Chief Judge Judith S. Kaye, the Committee on Professional Discipline of the New York County Lawyers Association has recommended that disbarred and suspended lawyers be...
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Comments Off on Legal Malpractice & Breach of Fiduciary Duty — Part I
By Roy Simon [Originally published in NYPRR April 2006] Every lawsuit alleging legal malpractice seeks money damages, and almost every suit seeking damages for legal malpractice also contains a separate claim seeking damages for breach of fiduciary...
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Comments Off on Major Differences Between COSAC Proposals & Current N.Y. Lawyer’s Code of Professional Responsibility (Pt. 5)
[Originally published in NYPRR April 2006] [Editor’s Note: The last four issues of NYPRR (Dec. 2005, Jan., Feb., and March 2006) contained COSAC’s proposals for changes in Model Rules 1 to 7.6. This issue concludes the series by reporting the...
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Comments Off on Interviewing a Former Officer of Your Adversary
By Roy Simon [Originally published in NYPRR March 2006] May a lawyer who is litigating in New York courts freely interview an adversary’s former employees? Based on case law and commentary interpreting New York’s “no-contact” rule, DR 7-104(A),...
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Comments Off on England & U.S.: Contrasts in Witness Preparation Rules
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR March 2006] In contrast to American principles allowing counsel to confer with a witness about the substance of proposed testimony and the best way to present the evidence, professional...
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Comments Off on Major Differences Between COSAC Proposals & Current N.Y. Lawyer’s Code of Professional Responsibility (Pt. 4)
[Originally published in NYPRR March 2006] [Editor’s Note: The Dec. 2005, Jan. and Feb. 2006 issues of NYPRR contained COSAC’s proposals for changes in Model Rules 1 to 5.8. This issue concludes the series by reporting the proposed changes to...
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Comments Off on Major Differences Between COSAC Proposals & Current N.Y. Lawyer’s Code of Professional Responsibility (Pt. 3)
[Originally published in NYPRR February 2006] [Editor’s Note: The December 2005 and January 2006 issues of NYPRR contained COSAC’s proposals for changes in Model Rules 1 to 3. This issue continues with the proposed changes to Model Rules 4.2 to...
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Comments Off on Are Unconscionable Fee Agreements Enforceable?
By Roy Simon [Originally published in NYPRR February 2006] Is it possible for a client to ratify an attorney’s unconscionable fee agreement? That question is so thorny that the Second Circuit could not answer it. Instead, in King v. Fox, 418 F.3d 121...
