Newyorklegalethics.com

Communicating with Adversary’s Former Employees

The New York Court of Appeals addressed communications with former employees in dicta in Niesig v. Team I[76 N.Y.2d 363 (1990)], a landmark opinionSee more

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URL: http://www.newyorklegalethics.com/communicating-with-adversarys-former-employees/

When You Can Contact Others Who Are or Were …

WEBBy Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or …

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New Ethics Opinion Addresses Lawyers’ Obligations When …

WEBBy Tyler Maulsby —. This article was originally published December 10, 2020. Nine months ago the COVID-19 pandemic brought court operations in New York State to a near …

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Lawyers Beware: Criticizing Judges Can Be Hazardous to Your

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Allocation of Authority Between Lawyer & Client in …

WEBBy 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 …

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Threatening to File Grievance Against Opposing Counsel

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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When Your Client Plans to Commit a Crime

WEBDR 4-101 of the New York Lawyer’s Code of Professional Responsibility (Code) entitled “Preservation of Confidences and Secrets of a Client” seeks to avoid this damaging …

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‘Noisy Withdrawal’ from Client’s Fraud

WEBThis article discusses DR 4-101 (C) (5), an often overlooked provision in the Code that permits a “noisy withdrawal,” allowing a lawyer to disclose protected client information in …

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Confidential Disciplinary Proceedings & First Amendment …

WEBBy Roy Simon [Originally published in NYPRR January 2006] Last month (NYPRR Dec. 2005), I discussed New York Judiciary Law §90(10), which mandates (with narrow …

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When Prison Inmate Threatens Suicide

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Second Department Adopts New Disciplinary Procedures

WEBBy Lazar Emanuel [Originally published in NYPRR September 2005] Following many of the recommendations of the Krausman Committee (NYPRR, Nov. 2004), the Appellate …

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Due Diligence, Fiduciary Duties & Disqualification New York Legal

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules

WEBRelated Posts. Rules Permitting Out-of-State Lawyers to Practice Temporarily in New York: Temporarily Out of Order. March 1, 2015. New York Professional Responsibility …

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Shining a Brighter Light on the ‘Lodestar’

WEBDefining ‘Lodestar’. Ostensibly, “Lodestar” is a simple formula for computing a reasonable legal fee, i.e., hours of service multiplied by the lawyer’s hourly rate. Occasionally, there …

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Legal Malpractice & Breach of Fiduciary Duty — Part I

WEBBy Roy Simon [Originally published in NYPRR April 2006] Every lawsuit alleging legal malpractice seeks money damages, and almost every suit seeking damages for legal …

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A System in Crisis: Part 2

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Failure to Review Prior Conviction File

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Distinguishing Among Past, Continuing & Future Crimes

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Screens & Conflicts in Second Circuit

WEBBy Roy Simon [Originally published in NYPRR August 2005] Last month’s column (NYPRR July 2005) focused on a new Second Circuit case, Hempstead Video, Inc. v. …

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Do I Have to Keep These Old Files

WEBIn deciding how long to keep closed files, there are three main considerations. First, as mentioned above, DR 9-102 (D) requires you to keep certain bookkeeping records for …

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Who Controls Your Trust Account

WEBRon Minkoff NYLER Editor & Chairman — Legal Ethics & Professional Responsibility Group Frankfurt Kurnit 212-705-4837 [email protected]

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Primer on Trust Accounts — Don’t Use Money & Do Keep Records

WEBBy Sarah Diane McShea [Originally published in NYPRR April 2001] It may seem surprising that despite nearly two decades of vigorous enforcement of the rules governing escrow …

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