Anthony E. Davis

September 01, 2017 | New York Law Journal

Professional Responsibility columnist Anthony E. Davis explores potential threats to lawyers whenever they travel internationally while carrying electronic devices containing client confidential information: official border searches, as well as either private- or state-sponsored hacking. What is the scope of the duty to protect client information when on the move, and what steps do lawyers need to take to comply?

By Anthony E. Davis

8 minute read

July 04, 2017 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis discusses two cases while exploring an issue critical to lawyers' and law firms' professional and business interests: What information about a new client does a lawyer need to obtain in order to make sensible decisions about whether or not to proceed?

By Anthony E. Davis

8 minute read

May 03, 2017 | New York Law Journal

Anthony E. Davis, in his Professional Responsibility column, revisits the topics of the differing office requirements for New York admitted lawyers who reside outside New York and the rules governing identically qualified lawyers who do reside in the state, and inadvertent disclosure, particularly the duties of lawyers who, through no fault of their own, receive messages or documents that were not intended for their eyes.

By Anthony E. Davis

39 minute read

March 09, 2017 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis reviews the Court of Appeals decision on whether to enforce the plain language of a contract between two lawyers for sharing legal fees when the lawyers had not complied with the requirements of the Rules of Professional Conduct, and a New York City Bar ethics opinion on reconciling the duty to report a lawyer's fraudulent billing and the duty to preserve confidentiality.

By Anthony E. Davis

18 minute read

January 06, 2017 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis reviews changes to the New York Rules of Professional Conduct as adopted by the New York State Bar Association's Committee on Standards and Attorney Conduct

By Anthony E. Davis

19 minute read

November 04, 2016 | New York Law Journal

Professional Responsibililty columnist Anthony E. Davis addresses the ethical and risk management implications of two insidious consequences of our dependence on technology. The first concerns lawyers' duties when they first become (or should become) aware that hackers are trying to misdirect a settlement payment. The second arises from the ability of email users to attach "beacons" to emails that allow senders to learn whether and when an email has been opened by the recipient without informing the recipient that the beacon is in place.

By Anthony E. Davis

17 minute read

September 19, 2016 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis discusses the issues of how law firms handle ethical problems and disputes with clients, and whether it is permissible to bill clients for the work of unpaid interns.

By Anthony E. Davis

24 minute read

July 05, 2016 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis discusses New York State Bar Association Committee on Professional Ethics Opinion 1092 and he notes: “Although Opinion 1092 is titled “Duty to Disclose Malpractice of Co-Counsel,” it actually reviews both lawyers' duty to reveal their own malpractice as well as the situation where a lawyer becomes aware of the malpractice of the lawyer's co-counsel."

By Anthony E. Davis

16 minute read

May 09, 2016 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis writes: When Thomas Jefferson became President in 1801, the fastest means of communication on land was on horseback. If the Second Circuit is to be believed, nothing whatsoever has changed in the intervening centuries.

By Anthony E. Davis

9 minute read

March 08, 2016 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis discusses two recent ethics opinions addressing relationships between New York lawyers and non-lawyers in other jurisdictions where such relationships are permissible, and a subject that arises with depressing frequency, whether and when a lawyer may threaten another lawyer with professional discipline.

By Anthony E. Davis

12 minute read