December 05, 2022 | New York Law Journal
Setting the Bar on Mandated Electronic ServiceThis article discusses the current state of electronic transmission and communication impacting lawyers, and the potential ethical concerns over these new methods of attorney-to-attorney and attorney-to-court communications.
By Chris McDonough and Cory H. Morris
9 minute read
January 24, 2022 | New York Law Journal
On Being a Zealous AdvocateWe suggest that lawyers make certain that they understand the actual limits on advocacy inherent in our professional regulatory scheme and avoid stepping beyond accepted standards.
By Joel R. Brandes and Chris McDonough
9 minute read
August 25, 2021 | New York Law Journal
A Conditional Plea for a Lawyer May Be Unconditionally ProblematicWhat happens when an attorney takes a conditional plea to a misdemeanor crime, with the agreement of the court and prosecution that after successful completion of the conditions imposed, the attorney will be able to withdraw his or her plea and re-plead to a violation of law and not a crime?
By Brian Griffin and Chris McDonough
7 minute read
July 23, 2021 | New York Law Journal
Flat Fee Retainers in Domestic Relations MattersMany lawyers are offering flat fees for uncontested divorces and other family law services. Are they violating the Rules?
By Joel R. Brandes and Chris McDonough
10 minute read
June 16, 2021 | New York Law Journal
Email and Ex-Parte CommunicationsThe rules of professional conduct prohibiting ex parte communications appear to be simple. However, the nuances that are discussed in this article need to be understood to avoid running afoul of the Rules.
By Joel R. Brandes and Chris McDonough
10 minute read
March 26, 2021 | New York Law Journal
'BestLawyersEver.com': NY Relaxes Law Firm Use of Trade NamesLast year, the Appellate Division departments issued a joint order amending Rule 7.5 of the New York Rules of Professional Conduct which had previously been captioned "Professional Notices, Letterheads and Signs." The Rule is now captioned "Professional Notices, Letterheads and Names." The order also made substantial changes to the body of the Rule, discussed in this article.
By Chris McDonough and Omid Zareh
8 minute read
February 18, 2021 | New York Law Journal
Trial by CombatAuthors Joel Brandes and Chris McDonough pose the question whether Rudy Giuliani should be disciplined for his conduct relating to the Jan. 6 attack on the Capital and also his participation in frivolous lawsuits.
By Joel R. Brandes and Chris McDonough
10 minute read
October 06, 2020 | New York Law Journal
Ethical Obligations of Lawyers as Witnesses in Matrimonial ActionsDoes a matrimonial lawyer witness violate Rule 3.7(a)(2) by submitting an affirmation referring to matters beyond the nature and value of legal services he rendered? A discussion of this and other related ethical questions.
By Chris McDonough and Joel R. Brandes
10 minute read
July 01, 2020 | New York Law Journal
Limiting the Scope of Representation in Family Court ProceedingsIn matrimonial matters there is no right to counsel. Thus, low-income individuals with marital disputes in court must either qualify for free legal assistance or represent themselves. One solution to this is "unbundled" legal services, also known as "limited scope representation." This article discusses the issues involved when attorneys assist pro se litigants.
By Joel R. Brandes and Chris McDonough
11 minute read
April 23, 2020 | New York Law Journal
A Primer on the Enhanced Scrutiny in the Ethical Rules Impacting Domestic Relations PractitionersIn this article, the authors compare and contrast the Rules of Professional Conduct applicable to all attorneys, with those specific rules applicable to lawyers in domestic relations matters, and explain how to avoid a situation like that which occurred in a recent case, 'Adjmi v. Tawil'.
By Chris McDonough and Joel R. Brandes
10 minute read
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