Alerts: Legal Ethics and Professional Responsibility
For New York Lawyers: Recent Changes to the Biennial Reporting Requirements
New York recently made changes to its biennial reporting requirements. The notice linked here from the NYS Unified Court System explains those changes, which go into effect on Dec. 1, 2024. Here's a summary of what New York lawyers need to know. Read more.
November 21, 2024
Alerts: Legal Ethics and Professional Responsibility
Third Annual Litigation Ethics Summit
On November 13, 2020, Frankfurt Kurnit held its Third Annual Litigation Ethics Summit, consisting of three hour-long panels, earning the attendees three ethics CLE credits in New York and California. Read more.
November 19, 2020
Alerts: Legal Ethics and Professional Responsibility
A Primer On New York’s COVID-19 Executive Orders and What They Mean for Your Practice
This past week, New York has taken a number of steps to restrict movement in and around the State in an effort to contain the COVID-19 crisis. Governor Andrew Cuomo has issued executive orders and the chief judges of the state and federal courts have issued administrative orders that have had a sweeping impact on the legal industry as well as the business community at large. Read more.
March 22, 2020
Alerts: Legal Ethics and Professional Responsibility
ABA Opinion Limits Restrictions on Departing Partners
There’s important news for law firm leaders who have recently revised partnership and shareholder agreements to restrict partner departures. In ABA Formal Opinion 489, the ABA Standing Committee on Ethics and Professional Responsibility spells out new limits on notice periods, on rules governing communications with clients, and on so-called “ownership” of clients. Here’s what firm managers need to know to stay on the right side of the ethics rules. Read more.
February 6, 2020
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Alerts: Legal Ethics and Professional Responsibility
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit - FKKS Ethics Game Show
To cap off the Second Annual Litigation Ethics Summit our panel challenged some brave audience members to participate in a contest of ethical wits. Read more.
October 30, 2019
Alerts: Legal Ethics and Professional Responsibility
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit - Aggressive Bargaining: The Legal and Ethical Boundaries of “Me Too”-era Settlements
On Thursday, October 24th Frankfurt Kurnit hosted its Second Annual Litigation Ethics Summit. The second panel of the day focused on the ethical and legal limits of aggressive bargaining in the settlement context, with a special focus on settlements of harassment and discrimination cases in the "Me Too"-era. Read more.
October 30, 2019
Alerts: Legal Ethics and Professional Responsibility
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit - Protecting Your Fees: The Ethics of Fee Claims
On Thursday, October 24th Frankfurt Kurnit hosted its Second Annual Litigation Ethics Summit. The first panel of the day focused on how fee disputes arise and how those disputes affect malpractice claims under New York law. Read more.
October 30, 2019
Alerts: Legal Ethics and Professional Responsibility
California Supreme Court Holds that Conflict Invalidates Firm’s Engagement Letter But Says Firm Still May be Able to Get Paid
Last week, the California Supreme Court issued its decision in Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc., a decision which lawyers and law firms anxiously awaited for months. Read more.
September 4, 2018
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Alerts: Legal Ethics and Professional Responsibility
N.Y. State Bar Ethics Committee Takes On Avvo Legal Services, Says Model Violates Ethics Rules
Recently the New York State Bar Ethics Committee issued a pair of opinions about the limitations on a lawyer's ability to take advantage of certain on-line legal marketing services. Read more.
August 31, 2017
Alerts: Legal Ethics and Professional Responsibility
Non-Party Has Sufficient Interest to Disqualify Law Firm from Second Circuit Case
At the request of a non-party, the US Court of Appeals for the Second Circuit recently disqualified the law firm BakerHostetler LLP ("Baker") from representing its client Prevezon Holdings Ltd. ("Prevezon"). Read more.
October 24, 2016
Alerts: Legal Ethics and Professional Responsibility
Less Exposure: New York Appeals Court Finds Privilege For Law Firm In-House Counsel
A New York appeals court gave attorneys a reason to celebrate just before the July 4th holiday weekend. Read more.
July 11, 2016
Alerts: Legal Ethics and Professional Responsibility
Watch What You Say: New York Court Rule Will Expose More Attorney-Client Communications
Anyone who has ever had to litigate a dispute knows how important the attorney-client privilege is. Read more.
June 16, 2016
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Alerts: Legal Ethics and Professional Responsibility
Not Just a New York State of Mind: Nonresident Lawyers Must Have a Physical Office in New York
On Friday, the United States Court of Appeals for the Second Circuit struck a blow to nonresident lawyers looking to practice in New York State. Read more.
April 26, 2016
Alerts: Legal Ethics and Professional Responsibility
Law Firms Win Big Case Arising from Representation of Clients with Competing Interests
Law firms often struggle to determine when the rules of professional conduct permit representation of clients who compete in the marketplace. When is it OK, for example, to represent clients with competing patents, trademarks, or copyrights? A recent Massachusetts Supreme Judicial Court case provides important guidance for IP lawyers -- particularly those representing clients with patents. Read more.
December 28, 2015
Alerts: Legal Ethics and Professional Responsibility
New York Authorizes Temporary Practice By Out-Of-State Lawyers
In a thrilling and important development, New York has promulgated a new Court Rule, 22 NYCRR § 523 ("Section 523"), that allows lawyers admitted in other jurisdictions, but not admitted in New York, to practice here under certain circumstances. Read more.
December 16, 2015
Alerts: Legal Ethics and Professional Responsibility
A Storm on the Horizon - When to Communicate with Clients About Destroyed Files
As hurricane Joaquin barrels towards the Northeast, New York lawyers may be reminded of the damage caused by Superstorm Sandy as well as other recent disasters. Read more.
October 2, 2015
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Alerts: Legal Ethics and Professional Responsibility
Bits or Mortar: Will New York Continue to Require Non-Resident Lawyers to Have Physical Offices?
For a variety of reasons, some New York lawyers choose to practice "virtually" - that is, they conduct their business primarily over the Internet, rather than through a physical law office. Read more.
April 9, 2015
Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Refuses to Apply “Unfinished Business” Doctrine to Law Firms
In a decision with far reaching implications for law firms and their clients, the New York Court of Appeals firmly rejected the application of the "unfinished business" doctrine - an important principle of partnership law - to lawyers and law firms. Read more.
July 2, 2014
Alerts: Legal Ethics and Professional Responsibility
New Ethics Opinion Says New York Lawyers May Use a Virtual Law Office Address in Advertising
In the current legal and economic climate, some lawyers are using - or considering using - so-called "virtual law offices". Read more.
June 16, 2014
Alerts: Legal Ethics and Professional Responsibility
In-House Counsel Ethics
In-house counsel face many of the same ethical quandaries private law firm lawyers face. Read more.
June 12, 2014
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Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Rules on Attorney Fees Issue
Just three weeks ago, the New York Court of Appeals, in Albunio v. City of New York, issued a ruling on a question that has long bedeviled civil rights and employment lawyers - and their clients. Read more.
April 25, 2014
Alerts: Legal Ethics and Professional Responsibility
Law Firm Liability: Court Ruling Will Permit More Fraud Claims to Proceed
In a decision last week Melcher v. Greenberg Traurig LLP, New York's highest court, gave a big boost to plaintiffs wanting to sue lawyers for committing intentional fraud and deceit in the course of a court proceeding. Read more.
April 9, 2014
Alerts: Legal Ethics and Professional Responsibility
Business Arrangements with Non-Legal Entities
In the current legal and economic climate, some lawyers are considering business arrangements with non-legal entities. A new ethics opinion by the Committee on Professional Ethics of the New York City Bar Association discusses important ethical issues raised by such business ventures. Read more.
January 30, 2014
Alerts: Legal Ethics and Professional Responsibility
Ethics Roundup for 2013: Six Developments that Affect the Way We Practice Law
Our work as professional responsibility attorneys over the past year has given us a front row seat to the most bedeviling ethical conundrums faced by lawyers. In our final Ethics Alert of 2013, we re-cap six important developments for New York-area lawyers, along with tips for staying on the right side of the line. Read more.
December 26, 2013
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Alerts: Legal Ethics and Professional Responsibility
Are Your Pre-Merger Communications with Your Client Protected?
The purchaser in a corporate merger owns the seller's pre-merger communications with its lawyer, according to a recent Delaware decision. In Great Hill Equity Partners Iv, LP v. SIG Growth Equity Fund I, LLP, the buyer sued former shareholders of the seller alleging they fraudulently induced the buyer to enter into the transaction. Read more.
December 10, 2013