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July 11, 2005 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, writes that the U.S. Court of Appeals for the Second Circuit has rejected a per se rule that would impute conflicts of interest between all "of counsel" attorneys and their firms. Instead, the court adopted a very practical approach in which the imputation of conflicts of interest depends on the closeness of the particular affiliation and the extent to which the "of counsel" lawyer and the firm share client confidences.
14 minute read
November 06, 2006 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, writes: The subject of lawyer advertising just won't go away. This article will focus on two new ethics opinions and a recent decision, each addressing a different aspect of the interplay between the use of technology and the process of advertising, soliciting or being asked to accept new business.
9 minute read
January 05, 2006 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, examines an eclectic group of recent developments: a Florida case about lawyers who referred to themselves as "Pit Bulls," a City Bar Formal Opinion concerning the rights of retired lawyers to practice and a South Carolina case that highlights the pitfalls of jointly representing husbands and wives in business transactions.
9 minute read
September 12, 2005 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, reviews two new ethics opinions, one from the City Bar Ethics Committee addressing the vexing problem of so-called "thrust-upon" conflicts of interest, and the second from the American Bar Association Standing Committee on Ethics and Professional Responsibility, dealing with advance waivers of future conflicts.
10 minute read
January 22, 2007 | New York Law Journal

Appellate Divisions Release New Lawyer Advertising Rules

Anthony E. Davis, a partner with Hinshaw & Culbertson LLP, writes that in evident reflection of the extensive comments received from many sources, the lawyer advertising rules as promulgated contain significant changes from the last version of the draft rules that had been circulated. Although many of the changes improve upon the draft, there remain some significant problems with several aspects of the rules, and there may well be litigation about them.
19 minute read
September 05, 2006 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, reviews a recent First Department decision addressing the question of when and on what basis a lawyer may interview a high-level former employee of a represented adverse party, and the latest developments in the controversy over New Jersey Opinion 39, the "Super Lawyer" opinion.
7 minute read
September 03, 2004 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson, and the immediate past president of the Association of Professional Responsibility Lawyers, writes how this summer has seen notable case law handed down in both federal and state courts in New York and in Connecticut.
9 minute read
March 06, 2006 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, examines some recent decisions that confirm the need for, and value of, lawyer-client letters when no engagement is accepted or when the relationship is terminated either prior to or following completion of the representation. Nonengagement, disengagement and closing letters are important tools for law firms of all sizes.
10 minute read
August 03, 2006 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, writes that normally, the issuance of an ethics opinion � and perhaps especially an opinion relating to lawyer advertising � from New Jersey would not even rate a mention in this column. However, the appearance on the scene of Opinion 39 generated more calls and emails within a week of its first publication than any other development in the area of professional responsibility in the nearly 30 years that the author has been writing about legal ethics.
11 minute read
March 05, 2007 | New York Law Journal

Professional Responsibility

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, examines the New York State Bar Ethics Committee's outright and emphatic rejection of lawyers' right to look at metadata in documents received from other lawyers and two opposing holdings from the ABA and the Maryland bar. Hopefully, the New York bar will reconsider and recognize that if lawyers are careless enough to send a document containing metadata, then they have only themselves to blame if the recipients read it.
9 minute read

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