September 12, 2005 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson LLP, reviews two new ethics opinions, one from the City Bar Ethics Committee addressing the vexing problem of so-called "thrust-upon" conflicts of interest, and the second from the American Bar Association Standing Committee on Ethics and Professional Responsibility, dealing with advance waivers of future conflicts.
By Anthony E. Davis
10 minute read
August 05, 2011 | New York Law Journal
Grate ExpectationsBigLaw, beware! The governing body that regulates lawyers and law firms in England and Wales (but not Scotland, go figure) has devised a new latticework of rules that go into effect in October, and running afoul of them could cost you. A lot.
By Frank Maher and Anthony E. Davis
15 minute read
September 14, 2009 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, writes that the enactment of the English Legal Services Act 2007 will give law firms in London the ability to structure arrangements and ventures with non-lawyers that may give those firms individually, and the English legal profession collectively, a hitherto unimaginable competitive advantage. It is possible to conceive many scenarios whereby English firms, in conjunction with banks, insurers, private investors or Internet service providers, will be able to offer legal services, along with the services provided by those other entities, in ways that will make transactions utilizing lawyers in London faster, more efficient and cheaper than equivalent arrangements anywhere else, including the U.S. If the American legal profession (or at least the large firms) continues to be regulated on a 50-state basis, and if those state-based regulations continue to prohibit effective multidisciplinary arrangements and outside investments in law firms, how will the American firms be able to compete internationally?
By Anthony E. Davis
12 minute read
March 02, 2009 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, reviews two recent decisions of interest, one in which the Court of Appeals interpreted �487 of the Judiciary Law, which provides for treble damages against lawyers who engage in "deceit or collusion" before a court, and another from the Delaware Court of Chancery on the relationship between ethics rules relating to conflicts of interest and courts' discretion in deciding disqualification motions.
By Anthony E. Davis
13 minute read
January 22, 2007 | New York Law Journal
Appellate Divisions Release New Lawyer Advertising RulesAnthony E. Davis, a partner with Hinshaw & Culbertson LLP, writes that in evident reflection of the extensive comments received from many sources, the lawyer advertising rules as promulgated contain significant changes from the last version of the draft rules that had been circulated. Although many of the changes improve upon the draft, there remain some significant problems with several aspects of the rules, and there may well be litigation about them.
By Anthony E. Davis
19 minute read
March 07, 2011 | New York Law Journal
Legal Ethics In a Digital AgeIn his Professional Responsibility column, Hinshaw & Culbertson partner Anthony E. Davis discusses two recent New York bar association opinions on the question of what limits the New York Rules of Professional Conduct place on the freedom of lawyers to conduct searches on the Internet generally, and social network sites in particular.
By Anthony E. Davis
11 minute read
July 06, 2009 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner at Hinshaw & Culbertson, considers three questions recently addresed by courts and bar groups: May prospective clients sue for bad advice given during an interview intended to determine whether the firm would be hired (or would accept the engagement)?; What are the elements that trigger the duty of confidentiality to a prospective client?; What is the scope of law firms' duties of supervision of associates assigned to perform pro bono work outside their normal areas of competency?
By Anthony E. Davis
8 minute read
January 03, 2011 | New York Law Journal
Conflicts, Conflicts and More ConflictsIn his Professional Responsibility column, Hinshaw & Culbertson's Anthony E. Davis surveys three recent cases that address different aspects of the ethics rules and law governing conflicts of interest: representing clients adverse to affiliates of existing entity clients; the efficacy (or otherwise) of advance waivers; and, in a case with overtones of Halloween that would make for humorous reading if it were not in reality about a very serious topic, the scope and meaning of "personal interest" conflicts.
By Anthony E. Davis
12 minute read
March 03, 2008 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, reviews a recent decision where the court found that the plaintiff's attorneys had engaged in tactics which were misleading, constituted an abuse of advocacy and amounted to vexatious conduct, and that the law firm's continued prosecution of the claim after its lack of merit had become apparent warranted sanctions.
By Anthony E. Davis
12 minute read
January 07, 2008 | New York Law Journal
Professional ResponsibilityAnthony E. Davis, a partner of Hinshaw & Culbertson, reviews the Court of Appeals' recent decision in Ederer v. Gursky, where it reminded lawyers of the the vital importance of considering and discussing at length and in detail the terms of their working relationships, and of reducing their hopefully clear and encompassing agreements to writing.
By Anthony E. Davis
11 minute read
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