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Comments Off on Avoiding Accessorial Liability in Lateral Partner Recruiting
By Steven C. Krane [Originally published in NYPRR April 2005] Toward the end of 2004, it was reported in the California legal press that the Clifford Chance law firm had agreed with the trustee of the Brobeck, Phleger & Harrison bankruptcy estate to pay $5.5 million to settle claims arising out of that law [&hellip...
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Comments Off on Plaintiff’s Lawyer May Talk to Insurance Adjuster
By Lazar Emanuel [Originally published in NYPRR March 2005] A long line of cases and a series of Ethics Opinions have established that although the lawyer representing the defendant-insured in a personal injury matter may be retained and paid by the...
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Comments Off on Lawyer’s Business Offers Non-Legal Services to Client
By Lazar Emanuel [Originally published in NYPRR March 2005] In N.Y. State Opinion 784, 1/12/05, the NYSBA Committee on Professional Ethics considered the question: Under what circumstances may a lawyer in an entertainment law firm offer legal services...
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Comments Off on Issues That Remain When a Partner Withdraws
By Lazar Emanuel [Originally published in NYPRR March 2005] Although many of the facts in the recent case of Conolly v. Thuillez (NYLJ 1/14/05, p. 20) are sui generis, most of the issues decided by Judge Louis C. Benza (Sup. Ct., 3rd Dept.) will be of...
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Comments Off on Final Exam on Conflicts: Short Question, Long Answer
By Roy Simon [Originally published in NYPRR March 2005] I recently finished grading 150 final exam papers in my course on the Ethics & Economics of Law Practice, a basic survey course on legal ethics. I gave a very short and simple conflicts...
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Comments Off on Litigating Claims of Attorney-Client Privilege
By Roy Simon [Originally published in NYPRR February 2005] This is a tale of two cities — and an epic battle over a single explosive document. In Miron v. BDO Seidman, LLP, 2004 U.S. Dist. LEXIS 22101(E.D. Pa. Oct. 19, 2004) (not available on...
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Comments Off on Four 2004 N.Y.S. Ethics Opinions
[Originally published in NYPRR February 2005] Lawyers May Retain Copies of Client’s File Opinion 780 (Dec. 8, 2004) In Opinion 780, issued Dec. 8, 2004, the NYSBA Committee on Professional Ethics considered two questions: (1) May a lawyer retain...
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Comments Off on Prospective Client Conflicts — Can Puzzle Be Solved?
By Roy Simon [Originally published in NYPRR January 2005] Should New York adopt a Disciplinary Rule to govern conflicts with prospective clients? If so, what should the rule say? These turn out to be surprisingly complicated questions. This article...
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Comments Off on Allocation of Authority Between Lawyer & Client in Criminal Trial
By Brad Rudin & Lazar Emanuel [Originally published in NYPRR January 2005] In a recent decision, the Court of Appeals failed to consider its own precedents on the allocation of decision-making between client and lawyer and rejected a claim of...
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Comments Off on When Prison Inmate Threatens Suicide
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004] Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide....
