2011

A Review of the NY City Bar’s Opinion on Litigation Financing

What’s in a Name - Part II

What’s in a Name? More than Meets the Eye

When You Refer a Matter To Another Lawyer

An Overall View of the Litigation Funding Industry

The Refco Puzzle: When Are Complicit Third Parties Liable?

2010

Recognizing Interest on Loans as a Litigation Expense

May a Lawyer Split His Legal Fees with an Employee?

Litigation Funding and The Law of Champerty

Bright Line Protects Secondary Actors From Civil Liability In Securities Fraud Actions

Court Denies Referral Fee To No-Show Lawyer

Lawyer Admitted in New Jersey and New York Challenges New York Office Rule

Multijurisdictional Law Practice By Corporate Counsel

2009

City Bar OKs Referral Fees To Pro Bono Organizations

Conflict Consents Under Code Do Not Need Written Confirmation Under New Rules

Personal Reassessment In a Hardscrabble Time

2008

Searching for the Facts in Lawrence v. Graubard

Commentary: Stern v. Bluestone Decision Troublesome

Wrong Plaintiff? Wrong Defendant? – Beware a Motion for Sanctions

Searching for the Truth – a Function of the Judiciary

Arbitration of Fee Disputes – Real or Only an Illusion

Fixing the Date when the Client Relationship Ends

2007

City Bar Maps Lawyers' Role in Public Companies - Part I

City Bar Maps Lawyers' Role in Dealing with Auditors - Part II

Commentary: Questions Persist On Issue of Lawyer Ratings

The Role of Company Lawyers Who Deal with Auditors

NYSBA Committee Urges End to Mandatory Retirement

Looking for a Solution To Misuse of Client Funds

Law Firm Partners - Employers or Employees?

2nd Department Interprets Engagement Rule

Metadata and Lawyers - an Issue that Will Not Die - Part I

Metadata, ESI, and te Federal Discovery Rules

NY Associate May Manage NY Office for NJ Partner

The Last Word on High-Low Agreements

Shining a Brighter Light on the "Lodestar"

Commentary: Litigation over Lawyer Ratings Continues in NY and NJ

2006

Consultation with In-House Ethics Counsel Does NOt Create Conflict with Client

Arbitration Clause in Engagement Letter Violates Public Policy

NYSBA Opinion 791/2006 - Participation in a Business Network

NY County Lawyers Proposes Limits on Access to Client Funds by Disbarred Lawyers

Prisoner's Notes Protected by Attorney-Client Privilege

ABCNY Opinion 2006-1 Defines Conditions for Advance Waivers

ABA Opinion 06-438: Aggregate Settlements Require Detailed Disclosures

Lawyer Starting Debt Action Is Debt Collector under FDCPA

Associate At-Will Exception Extended to DR 1-102

Judges Propose Changes in Advertising Rules

How to Avoid Disqualification in a Multi-Firm Beauty Contest

Courts Propose New Curbs on Lawyer Advertising

The Second Battle fo Trenton: the Super and the Best

Indigent Defense in NY - A System in Crisis (Part I)

Indigent Defense in NY - A System in Crisis (Part II)

Retainer Provision for Attorney Collection Fees Void

Commentary: Lawyer Advertising - A Simpler Way

Commentary: Indigent Defense - A System in Crisis

Searching the Web to Find a Lawyer

ABA: OK to Contact In-House Counsel

Indigent Defense in NY - Part III: OCA Offers an Action Plan

2005

A Lawyer’s Business Offers Non-Legal Services to a Client

Plaintiff’s Lawyer May Talk to Insurance Adjuster

Issues That Remain When a Partner Withdraws

No Legal Fees without Letter of Engagement

Counsel May Notify Judge of Expected Client Perjury

Litigation Finance Agreements - Champerty, Usury, or OK?

Court Denies Self-Incrimination Privilege to Lawyer in Law Firm

NYSBA Opinion 786/2005 - Paying Litigation Expenses for Litigation Service Providers

Ineffective Assistance of Counsel - Failure to Review Prior Conviction File

Lawyer Suspended for Releasing Escrow Funds

Second Department Adopts New Disciplinary Procedures

New Jersey Follows NY on Choice of Domain Names

NYCLA Opinion 734/2005 - Disclosure of Malpractice Coverage

City Bar Opinion 2005-5 - “Thrust Upon” Conflicts

ABA Committee Reports on Pro Bono Services

Executive Summary: Major Differences between the COSAC Proposals and the Current New York Lawyer’s Code of Professional Responsibility

NYSBA Sponsors Radio Ad on Lawyer Advertising

COSAC Recommends Adoption of ABA Model Rules Format

2004

Threatening Criminal Charges to Obtain Civil Advantage

Spargo Inquiry Proceeds

State Bar Committee Proposes Four New Ethics Rules

Reciprocal Discipline Imposed For Deceptive Advertising

Reasonable Advice Is Not Ineffective Assistance of Counsel

Recent Matters of Interest: Business Corp. Law §1505(a) Applies to Lawyer in P.C.

Town Attorney May Not Act As Defense Counsel

Attorney May Assign His Interest in Contingency Fee

A Lawyer's Obligation to Disclose His Own Mistake

Lawyers Must Accommodate ADA Disabilities

Adverse Testimony by Defense Counsel Constitutes Ineffective Assistance

Nassau Bar Rejects Lawyer Role in Arbitration Firm

Lawyer Faces Sanctions for Assertions in Brief

Courts Consider Third-Party Malpractice Claims

ABA Rule Would Require Malpractice Insurance Notice

Court Applies Baldi to Appellate Counsel

Court Rejects Disqualification for Unauthorized Contact

Supervising Non-Lawyers Hired from another Law Firm

Discharged Contingent Fee Lawyer May Recover for Services

The Duty to Preserve E-Data When Litigation Threatens

When Is A Law Firm a Debt Collector?

Lawyer Attacks Vagueness of Specialization Rule

Wrongful Discharge Supports Claim in Quantum Meruit

No Adverse Inference from Invocation of Privilege

Protecting the Rights of Non-English Speakers

Lawyer with Minimal Involvement Sued in Malpractice

Second Dept. Issues Report On Admissions & Discipline

NYSBA  Ethics Issues New Opinions - 778, 779/2004

2003

States Follow ABA Lead In Promoting MJP

Commentary: Speak Not Until Spoken To

Nassau Bar OK’s Real Estate Closings by Paralegals

Alleging Fraud in Withholding Knowledge of Malpractice

Counsel’s Stipulation Renders Assistance Ineffective

Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance

Commentary: The Last Thing We Need

2nd Circuit Orders Discovery on Debt Collection Practices

A Lawyer’s Private Misconduct Can Lead to Suspension

Unbundling of Services and the Practice of Law

Court Permits Firm to Oppose Current Client

Court to Law Firm: No letter of Engagement, No Fee

Senate Committee Would Felonize Hiring of Runners

Malpractice Insurer Avoids Liability on Lawyer’s Policy

Hofstra to Hold Conference on Judicial Ethics

Warning to Lawyers: Choose Your Escrow Bank Carefully

Hofstra School of Law Presents Ethics Conference on “Judging Judges’ Ethics”

NYSBA OK’s Reciprocal Referral Arrangements with Brokers

When Uninvited Disclosures Become Confidences

ABA Defines Law Firm Obligations on Lawyer’s Mental Impairment

Judge Limits Application of Privilege for PR Consultant

City Bar Defines Rules for Checking Client Conflicts

Commentary: Lawyers Work Better Using Their Natural Abilities

City Bar Lists Data to Keep To Avoid Client Conflicts

Clients Need Not Repay Expenses in Federal Class Action

Improper Fee-Share Agreement Converted into Contingent Fee

Lawyer Need Not Disclose Insurance in Settlement Talks

Firm’s Opinion Letter Supports Third Party Malpractice Complaint

2002

9th Circuit in Conflict with 5th Circuit over IOLTA

Rules Mandating Arbitration of Fee Disputes Now In Effect

Commission Urges Changes in Multijurisdictional Practice Rules

Dual Representation Proper If No Present Conflict Exists

Joint Order of The Appellate Divisions

State Bar Avoids Vote on Open Disciplinary Hearings

Colorado Claims Jurisdiction over New York Malpractice

Recent Ethics Opinions in Other Jurisdictions

Ethics Opinion Rejects Real Estate Broker Referral Fees

Lawyer’s Duty to Disclose Client’s Fraud in Litigation

NYSBA Reverses Stand On Contingent Post-Divorce Collection Fees

Judge Marvin E. Frankel 1920-2002

Firm Disqualified For Conflict between Clients

Tennessee Prohibits Practice Before Admission to Bar

Comparing Two Decisions on Lawyer Disqualification

Nassau County Bar Issues Two New Ethics Opinions

1st Dept. OK’s Malpractice Suit against Rhode Island Lawyer

ABA Commission Reports on Multi-jurisdictional Practice

Disposing of Escrow Funds Belonging to a Missing Client

Felonies and Serious Crimes in Lawyer Discipline

Pecuniary Damages Rule Applied To Malpractice in Criminal Cases

Out-of-State Lawyers May Take Depositions in Ohio

Lawyers in Social Security Cases May Recover Contingent Fees

Supreme Court Strikes Limits on Speech by Judicial Candidates

ABA Adopts Amendments to Model Rule 5.5

Federal Courts Construe Rule 11 Sanctions Motions

City Bar Reverses Stand On Adverse Client Contact

Maryland Disbars NY Lawyer over Office

Indiana Court Rejects Jurisdiction over NY Firm

Protecting Client Funds When A Lawyer Dies

Time-Barred Counterclaim in Lawyer’s Suit for Fees

Lawyer Charged With Interest on IOLA Deposit

Specialization Announcement Requires Disclaimer Notice

Taking a Security Interest to Secure Payment of Fees

Arizona Rejects Internet Referral Service

“Partnership” Accounting Denied To P.C. Member

Avoiding Rule 11 Sanctions by Withdrawing Complaint

Collection Lawyer Liable in Class Action by Credit Card Debtors

Concurrent Legal and Nonlegal Services Disqualify Lawyer

Court Rejects Motion to Void Specialization Disclaimer Rule

2001

Recent Cases on Ethics

NYPRR Expands Its Services

Lawyer May Contact Adverse Party’s Accountant

City Bar Says “Affiliate” Firms Must Observe Conflicts Rules

When Lawyer-Mediator May Draft Divorce Papers

When Lawyers Err - Grounds for Discipline

Multiple Representation When the Recovery Fund Is Limited

NYSBA Nixes Escrow Checks On Uncollected Bank Funds

Pro Bono Matrimonial Retainer May Provide for Fee Application

Lawyer May Not Refer Client to Spouse’s Title Company

Lawyer-to-Lawyer Referrals - Clarifying the Rules

Counsel May Not Intervene to Protect Charging Lien

Two Cases on Malpractice and “Continuous Representation”

Non-Client Defendant May Move to Disqualify Counsel

ABA Commission Rejects Law Firm Discipline

Bar Debates Liberalizing Multi-jurisdictional Practice

Administrative Judge Conducts CLE Audits

Lawyers Bound by Federal Statute on Privacy Notices

Some States Require Notice on Malpractice Coverage

Courts Propose Mandatory Engagement Letters

Joint Order of The Appellate Divisions

California Marches to a Different Drummer

Judge Casey’s Primer on Lawyer Disqualification

Durable Powers and a Client’s Incapacity

Conflicts and Referral Fees

Firm Disqualified from Arguing Motion

Attorney Sanctioned Twice In Same Action

Sanctions against Law Firm Survive Appeal

Federal Judges Apply Sanctions for Improper Motion Practice

Do States’ IOLTA Programs Violate The Fifth Amendment?

2000

When Merging Firms Should Notify Clients

Debt Collection Letter Ruled Deceptive

Patent Attorneys Subject To Discipline in New York

A Lawyer’s Duties when Co-Clients Battle

Capoccia Litigation Poses Jurisdictional Questions

Westchester Bar Moves to Wind-Up Affairs of Deceased Lawyer

Clinton Must Answer Disciplinary Complaints

Lawyer’s Failure to Pay Judgment Warrants Complaint

Working Without Fees - Failure to Heed the Rules in Domestic Relations Matters

1999

Report of the NYSBA Task Force on “Pay To Play”

Four-Hour Course in Ethics Required in Mandatory CLE

Law Firms on the Web - Myth v. Reality

Checklist to Guide a Temporary Lawyer

Checklist for Hiring a Temporary Lawyer

Court Officials Create Institute on Ethics

Avoid Conflicts of Interest When Hiring Contract Lawyers

When Lawyer Should Comply with Client Instructions

The Contract Lawyer and Imputed Disqualification

The Contract Lawyer and Client Confidences

Lawyer May Bill Hourly Rate When Appearing as Witness

Improper Provisions in Retainer Agreements - N.Y. State Opinion 719 (1999)

Transactions with a Client - Reviewing the No-No’s

Commission on Judicial Conduct May Refuse to Investigate Judge

The Misdeeds of Clients and the Lawyer’s Response

Decisions of Note

1998

Challenging the Granny Advisor Law - NYSBA v. Janet Reno

Answering Your Questions About the New Statement of Client’s Rights

Hundreds in First Department Face Suspension

NYSBA Issues Ethics Opinions

News and Developments for New York Lawyers

City Bar Issues Report on Southern District Discipline

A Guide to Do’s & Don’ts for Paralegals

Everything You Ever Wanted to Know about the New York Lawyers Fund for Client Protection

Lawyers and the Press-Where Will It All End?

May a Tax-Reduction Company Retain a Lawyer for a Property Owner

State Bar Issues Opinion on Use of Internet

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