July 09, 2021 | New York Law Journal
Giuliani, Temporary Suspension, Due Process and 'Political Speech'In this edition of his Attorney Discipline column, Hal R. Lieberman explores Rudy Giuliani's suspension from the practice of law, writing that lest anyone think his temporary suspension was a violation of his constitutional rights to due process or free speech, the facts and law are to the contrary.
By Hal R. Lieberman
9 minute read
July 28, 2017 | New York Law Journal
The First Department's New Rules for Attorney DisciplineIn his Attorney Discipline column, Hal R. Lieberman reports on the First Department's amended procedural rules, which incorporate by reference the new statewide rules set forth in Part 1240, but also contain important additions that either effectuate or amplify the statewide rules.
By Hal R. Lieberman
18 minute read
March 16, 2017 | New York Law Journal
New Rules for Attorney Disciplinary Matters: 'Related Proceedings'In his Attorney Discipline column, Hal R. Lieberman addresses some highlights of "related proceedings" under the new discipline regime, i.e., diversion, interim suspension, criminal convictions, collateral estoppel, and reinstatements.
By Hal R. Lieberman
17 minute read
September 29, 2016 | New York Law Journal
New Rules for Attorney Disciplinary Matters: Informal ProceedingsHal R. Lieberman, in his Attorney Discipline column, explores informal proceedings, which he writes is simply another way of saying that a committee has determined, after investigation, to impose a private, confidential sanction upon a lawyer who violated, or came close to violating, a Rule of Professional Conduct, but the infraction was not so serious as to warrant charges, a formal proceeding, and potential public discipline.
By Hal R. Lieberman
13 minute read
April 06, 2016 | New York Law Journal
Compensating Victims of Nazi PersecutionThe authors of a recent letter describe all the property stolen by the Nazis and now in the possession of the Conference on Jewish Material Claims Against Germany as "unclaimed, formerly Jewish-owned property located in what was East Germany." But the property at issue, which prompted the complaint to the New York Attorney General, is "claimed," by its rightful Jewish owners or their heirs.
By Hal R. Lieberman and Daniel Kornstein
5 minute read
April 01, 2016 | New York Law Journal
New Rules for Attorney Disciplinary Matters: Formal ProceedingsIn his Attorney Discipline column, Hal R. Lieberman writes: Much can be said in praise of the uniform rules, most notably "uniformity" itself. Yet, in the author's opinion, there are also significant flaws and lacunae in the uniform rules relating to formal proceedings.
By Hal R. Lieberman
23 minute read
January 21, 2016 | New York Law Journal
Fostering Efficiency in the Attorney Disciplinary ProcessIn his Attorney Discipline column, Hal R. Lieberman discusses proposals from the Commission on Statewide Attorney Discipline meant to foster efficiency in the disciplinary system, including greater latitude for "plea bargaining" which would remove lower level offenses from a time-consuming process, expedited procedures for attorneys who fail to cooperate in an investigation, mandatory document disclosure at an early stage, and more.
By Hal R. Lieberman
10 minute read
January 20, 2016 | New York Law Journal
Fostering Efficiency in the Attorney Disciplinary ProcessIn his Attorney Discipline column, Hal R. Lieberman discusses proposals from the Commission on Statewide Attorney Discipline meant to foster efficiency in the disciplinary system, including greater latitude for "plea bargaining" which would remove lower level offenses from a time-consuming process, expedited procedures for attorneys who fail to cooperate in an investigation, mandatory document disclosure at an early stage, and more.
By Hal R. Lieberman
10 minute read
October 23, 2015 | New York Law Journal
Report on Statewide Attorney Discipline: Uniformity and FairnessHal R. Lieberman discusses the recent report from the Commission on Statewide Attorney Discipline, which addressed three major areas of concern with regard to the structure and functioning of the current disciplinary system: (1) uniformity and fairness; (2) efficiency; (3) transparency and access.
By Hal R. Lieberman
7 minute read
June 16, 2015 | New York Law Journal
'Dunn': Collateral Estoppel and Attorney DisciplineIn his Attorney Discipline column, Hal R. Lieberman discusses 'Matter of Dunn,' in which the Court of Appeals found that an attorney had not been provided a full and fair opportunity to litigate before a magistrate judge the issue of whether she made false statements in a declaration, therefore the Appellate Division that censured her should not have given preclusive effect to the magistrate's sanctions order.
By Hal R. Lieberman
10 minute read
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