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NYLER Archive •
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Comments Off on Ethical Considerations When Switching from Criminal Defense to the Prosecution
by Brad Rudin and Betsy Hutchings Because a prosecutor’s office (the office or office) fits within the definition of a law firm as a “government law office,” the same ethical rules that cover private law firms apply. See Rule 1.0[h] (defining “firm”...
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NYPRR Archive •
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Comments Off on Permissible Silence or Impermissible Deceit
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR September 2007] In a recent murder case in Nassau County, the prosecution withheld from the defense the fact that it had an eyewitness to the murder, after it had apparently encouraged...
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Comments Off on Communicating with In-House Counsel
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR May 2007] Suppose counsel for the plaintiff in a personal injury action against a large municipality concludes that it would be more productive to speak directly to the lawyer who heads...
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NYPRR Archive •
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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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NYPRR Archive •
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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....
