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Ethically Speaking: Spousal conflicts of interest ethics opinion, revisited
In April 2011, I wrote about a spousal conflicts of interest ethics opinion where the issue was whether it was ethical for an attorney to refer clients with litigation-related financing needs to a financial services firm formed by the lawyer’s spouse. In that case, the New York State Bar Association’s Committee on Professional Ethics concluded […]
Ethically Speaking: Ethics ruling on linking to non-firm websites
A few months ago, a colleague who reads this column asked me if there were any ethical issues presented when a law firm’s website includes links to outside websites. At the time, I was unaware of any ethics decisions on point, but in November, I was pleasantly surprised to discover that the New York State […]
Ethically Speaking: Ethics committee rules on naming of law firms
How creative can lawyers get with law firm names? It’s not always a simple question to answer. For that reason, over the years, New York lawyers have occasionally had run ins with ethics commissions over names that they’ve chosen for their law practices. The New York State Bar Association Committee on Professional Ethics recently addressed […]
Ethically Speaking: What types of info can be on a law firm’s website?
It used to be, back in the days when yellow pages reigned supreme, that law firm websites were a novelty. That was before 24/7 connectedness became the norm and smart phones, tablets and Wi-Fi became ubiquitous. Nowadays, in the always-connected 21st century, the majority of law firms have a website. In fact, websites are rapidly […]
Ethically Speaking: Addressing conflicts of interest with former clients
Conflicts of interest. It seems that the longer you practice law, the more frequently these issues arise. Not surprisingly, the conflicts are rarely simple with obvious, clear-cut answers. Instead, they tend to involve complex, convoluted fact patterns and present a maze of thorny ethical issues ...
Ethically Speaking: If your client intends to harm someone, what should you do?
It’s an interesting question: Should you learn that a client intends to kill or seriously harm another person, or otherwise commit a crime, what are you ethical obligations? Are you required to disclose the information or is doing so a discretionary decision?
Ethically Speaking: How to ethically confront false evidence, testimony
It’s legal ethics 101 and one of the topics we spent an inordinate amount of time pondering in law school: What are your ethical obligations should you learn that a witness lied on the stand? In New York, it used to be the case that lawyers were required ...
Ethically Speaking: Is fee sharing with out-of-state lawyers ethical?
You may have wondered whether it’s permissible to share fees with out-of-state colleagues who refer cases to you. Receiving a referral from non-New York lawyers probably isn’t an uncommon occurrence for you and if you’re able to share fees, it certainly makes it more likely ...
Ethically Speaking: How to ethically limit the scope of legal representation
Is it ethical to contractually limit the scope of legal representation provided to a client? Can a court order you to continue your representation despite a mutually agreed upon contractual limitation? What are your obligations to a client once the agreed upon scope of your representation ends?
Ethically Speaking: Spousal conflicts — not the matrimonial kind
The general rule of thumb in the business world is that it’s best not to mix business and family. Doing so can lead to crossed wires, bad feelings and unfortunate misunderstandings — none of which bode well for congenial familial relationships. Even so, many people still choose to do so and it works out just fine.
Ethically Speaking: Don’t let your advertising photo get you in trouble
A picture is worth a thousand words — and possible disciplinary action. Whenever your law firm advertises its services — whether online, in print or on television — you run the risk of unintentionally violating New York’s Rules of Professional Conduct.
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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