October 06, 2022 | New York Law Journal
Be Mindful of These Ethical Pitfalls When Discussing Clients and Their MattersLawyers need to be mindful of their responsibilities before they embark on a discussion about their clients or their clients' matters that may (or is intended to) become public, and need to take appropriate steps to manage public dissemination of information concerning their clients, even where successful outcomes are concerned.
By Anthony E. Davis and Aaron Lawson
10 minute read
July 22, 2022 | New York Law Journal
Recent Developments: Protecting Client Information Stored on a Lawyer's Smartphone and Other Guidance From the New York State Bar AssociationIn this article, Anthony E. Davis examines three recent ethics opinions, two from the New York State Bar Association Committee on Professional Ethics, and one from the Professional Ethics Committee of the New York City Bar Association.
By Anthony E. Davis
9 minute read
May 27, 2022 | New York Law Journal
The Regulation of Remote Working: Moving Toward—or Away From—a Uniform National Rule?The underlying problem is whether, and in what circumstances, it constitutes the unauthorized practice of law for a lawyer to reside and work remotely while physically located in a jurisdiction where the lawyer is not admitted.
By Anthony E. Davis
11 minute read
April 05, 2022 | New York Law Journal
Proposed New Procedures for Lawyers Leaving Law FirmsThe proposed RPC 5.9 is completely new and would not replace any existing rule. It addresses two sometimes related—but nevertheless separate—subjects, procedures for lawyers leaving firms, and procedures for dissolving law firms.
By Anthony E. Davis
11 minute read
February 01, 2022 | New York Law Journal
Nonlawyer Ownership of New York Law FirmsIn this edition of his Professional Responsibility column, Anthony E. Davis examines the New York State Bar Association's latest effort to address whether New York law firms can be owned by and New York lawyers can work for firms owned by nonlawyers.
By Anthony E. Davis
7 minute read
November 24, 2021 | New York Law Journal
In the New Normal Working Environment, When Is Remote Working (Not) the Unauthorized Practice of Law?This article considers some of the ethics opinions issued since the beginning of the pandemic that have addressed if, when and to what extent it is permissible for attorneys to work remotely from a state where they are not admitted.
By Anthony E. Davis
10 minute read
September 30, 2021 | New York Law Journal
Lawyer Ownership of Alternative Business Structures: A Tiny Step Toward the FutureIn this edition of his Professional Responsibility column, Anthony E. Davis examines Formal Opinion 499 (Passive Investment in Alternative Business Structures) just issued by the ABA's Standing Committee on Ethics and Professional Responsibility. He looks at the Opinion from two perspectives: what (limited) progress it represents in addressing the need to reform the regulatory system governing lawyers; and what it leaves undone, hopefully to be addressed another day.
By Anthony E. Davis
7 minute read
July 23, 2021 | New York Law Journal
Significant Changes Proposed to the New York Rules of Professional Conduct Regarding Lateral MovementIn this edition of his Professional Responsibility column, Anthony E. Davis reviews two important proposed changes relating to the rules governing lateral movement by lawyers, which have been proposed by the New York State Bar Association Committee on Standards of Attorney Conduct and are being circulated for public comment. Lateral movement is now so pervasive that while clear rules and guidance are welcome, it is important that as wide a spectrum of views as possible be considered before the proposals are finalized.
By Anthony E. Davis
11 minute read
May 21, 2021 | New York Law Journal
From Super Lawyers to Stealing Clients: Recent Developments in Professional ResponsibilityIn this edition of his Professional Responsibility column, Anthony E. Davis reviews a number of recent developments touching on diverse parts of the professional responsibility universe, from conflicts of interest issues, to a case that considers when departing lawyers tortiously interfere with their former firm's business, to the latest legislative efforts to remedy the inequitable treatment of New York lawyers who reside outside the state.
By Anthony E. Davis
10 minute read
March 19, 2021 | New York Law Journal
Virtual Law Offices: The Dos and Don'tsA recent ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 498, examines the professional responsibility issues that are involved in operating a virtual law practice. In this edition of his Professional Responsibility column, Anthony E. Davis discusses the principal conclusions in the Opinion, and the lessons it, and NY City Bar Formal Opinion 2019-2 on the same topic, hold for New York lawyers.
By Anthony E. Davis
8 minute read
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