Anthony E Davis

July 19, 2024 | New York Law Journal

The New York State Bar Association Committee on Professional Ethics, which provides a valuable service to New York lawyers (and clients) by giving guidance to practitioners on ethical issues, has issued a number of ethics opinions in the past six months, a few of which are discussed in this article.

By Anthony E. Davis and Janis M. Meyer

9 minute read

March 27, 2024 | New York Law Journal

When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.

By Anthony E. Davis and Janis M. Meyer

8 minute read

January 18, 2024 | New York Law Journal

This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.

By Anthony E. Davis and Janis M. Meyer

9 minute read

November 22, 2023 | New York Law Journal

This article considers a recent opinion from the New York City Bar Association Committee on Professional and Judicial Ethics Opinion 2023-1 on the topic of attorneys departing from a law firm. This is a subject we have frequently discussed in this column in the past, albeit not recently, and the opinion is a useful summary of the guiding principles involved when lawyers move between law firms.

By Anthony E. Davis and Janis M. Meyer

9 minute read

September 24, 2023 | New York Law Journal

The ABA's Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 508 on the topic of the ethics of witness preparation. Although the opinion does not break new ground, this is a subject of perennial importance, even more so in the age of remote proceedings, and is worth considering again in the light of this new offering.

By Anthony E. Davis and Janis M. Meyer

8 minute read

July 21, 2023 | New York Law Journal

Two recent ethics opinions have addressed topics relevant to many lawyers. Formal Opinion 506 examines lawyers' ethical obligations when delegating specific prospective client-intake tasks to nonlawyers and Formal Opinion 507 addresses the duties that exist when lawyers in different firms share office space and support arrangements.

By Anthony E. Davis

9 minute read

May 22, 2023 | New York Law Journal

In this article I will try to provide guidance on the thorny issues raised by lawyers' efforts to charge fixed fees, especially when they are labelled "nonrefundable." Although this is a perennial issue, we are addressing it now in light of a new ABA opinion—Formal Opinion 505 (Opinion 505)—which discusses the principles as set forth in the applicable Model Rule.

By Anthony E. Davis

7 minute read

March 24, 2023 | New York Law Journal

Many issues in legal ethics are resolved by application of state specific Rules of Professional Conduct. While every state now uses the ABA Model Rules numbering scheme, the actual wording of each rule varies widely among the states. This can yield wildly inconsistent results when an issue is resolved differently because two states address the issue with differently worded rules.

By Anthony E. Davis

10 minute read

January 20, 2023 | New York Law Journal

Opinion 1246 is important because, without withdrawing any of the earlier opinions that limit the ability of New York lawyers to become partners of non-lawyers, even overseas, except in narrow circumstances where the New York lawyer practices outside New York, the new opinion cautiously opens the door to some such arrangements.

By Anthony E. Davis

7 minute read

October 06, 2022 | New York Law Journal

Lawyers 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