Issue: 2024 Vol. 45 No. 1

Opinion 1268 (07/03/2024) Topic: Confidential information; publication of article about issues arising in a case handled by the lawyer

Digest: After the termination of the representation, a lawyer may publish an article that discusses legal issues in the representation, as long as the article does not reveal confidential information without the consent of the client. Confidential information does not include a lawyer’s “legal knowledge or legal research” or information that is “generally known” in … Continued

Opinion 1267 (06/14/2024) Topic: Paying for a recommendation or referral

Digest: A website that promises to connect potential clients with attorneys whom the website claims have excellent qualifications and are carefully vetted constitutes an “advertisement” on behalf of the lawyers available through the website (see Rule 1.0(a) and Rule 7.1), and the lawyers’ payment to the business providing this service constitutes an improper payment for a … Continued

Opinion 1266 (06/14/2024) Topic: Disclosing confidential information to government agency that is funding a client’s representation

Digest: An attorney may not report a client’s confidential information to a government agency that funds the representation of the client without the client’s informed consent. Rule: 1.0(j), 1.4, 1.6(a)-(b), 1.8(f), 1.9(c), 1.18(b) FACTS 1. The inquirer receives funding from a government agency to support the representation of clients in immigration matters. The agency requires information from … Continued

Minding Your Own Business: Creating a Strong Attorney-Client Relationship Through Effective Engagement Agreements

Lawyers strive for two key goals: providing excellent and efficient legal services while maximizing profitability. While the former is crucial for client satisfaction and professional reputation, the latter ensures sustainability and growth for law firms. One often overlooked tool in achieving both objectives is the lawyer engagement letter. The same way attorneys create strong contractual … Continued

CPLR Amendments: 2024 Legislative Session

(2024 N.Y. Laws ch. 1-59, 61-118) CPLR Chapter (Part) (Subpart, Item, §) Change Eff. Date 213-c(b) 23(39) Adds additional crimes to 20-year statute of limitations 1/30/24 215(8)(b) 23(40) Adds a crime formerly defined in Penal Law § 130.50 1/30/24 506(b)(5) 91(1) Adds venue provisions for proceedings challenging apportionment by the legislature 2/28/24 3102(e) 101(4) Adds … Continued

If You Want a Guarantee, Buy a Toaster

It is very common in commercial leasing that the landlord will insist that the owner of the tenant’s business provide a “Good Guy Guaranty.” This limited guaranty promises the landlord that, in exchange for releasing the owner of the business from liability for future rent obligations, the tenant promises to provide sufficient notice to the … Continued

2024 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

(West’s 2024 N.Y. Orders 1-14; Adopted Rules on OCA website, at http://ww2.nycourts.gov/rules/comments/index.shtml; amended rules on appellate court websites) 22 NYCRR § Court Subject (Change) Link to Order Eff. Date Part 52 All Establishes procedure for ex parte requests for judicial accommodation by persons with a disability https://www.nycourts.gov/LegacyPDFS/rules/comments/orders/Part52-AO.pdf 2/16/24 Part 53 Sup. Adds a rule on coordination … Continued