New York Law Journal | Analysis
By Joel Cohen | April 8, 2024
It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.
By Committee on Judicial Ethics | April 7, 2024
A judge (1) is disqualified, subject to remittal, in all cases in which a party is represented by an attorney from the small law firm that represents the judge's family's real estate business and (2) may not appoint an attorney from that firm as a guardian ad litem.
By The Law Journal Editorial Board | April 5, 2024
There is no reason to treat out-of-state attorneys differently than in-state attorneys if we want only the more qualified attorneys to receive referrals in specialized areas of work.
By Committee on Judicial Ethics | April 4, 2024
Whether a judge may ask a defendant questions about court-ordered treatment when the defendant appears before the judge for a status review is a legal issue beyond our jurisdiction. It is, however, ethically permissible for the judge to ask legally permissible questions.
By Shari L. Klevens and Alanna Clair | April 4, 2024
Here are some tips to help law firms minimize potential risks when working with contract attorneys.
By Committee on Judicial Ethics | April 3, 2024
A full-time judge may serve as a non-legal advisor on a stakeholders committee to advise the county on an assigned counsel program that will provide legal assistance to eligible litigants, where the program will not appear in litigation but instead will contract with private attorneys to undertake representation.
By Cheryl Miller | April 3, 2024
A report by Adams, Duerk & Kamenstein said former bar Deputy Executive Director Robert "Bob" Hawley "undercut the independence" of private attorneys retained to investigate complaints against lawyers when the state bar had a conflict of interest.
By Andrew Lavoott Bluestone | April 3, 2024
The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.
New York Law Journal | Analysis
By Frances Green and Rebecca Porter | April 2, 2024
The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?
By Adolfo Pesquera | April 1, 2024
Harris County 152nd District Court found David Leigh Sheller took a position that unreasonably increased the costs or other burdens of the case or that unreasonably delayed resolution of the matter.
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