Showing 3 posts in New York.

Key Ethics Developments in E-Discovery and Social Media

Sometimes the most significant developments that impact how lawyers practice their craft appear in the recommendations of their member bar organizations. Three months ago the Litigation Section of the New York State Bar Association released its Social Media Ethics Guidelines on June 9, 2015. Not to be outdone, the State Bar of California issued Formal Opinion No. 2015-193 on June 30, 2015. The personal opinion of this author is that these two documents may be used by judicial, regulatory, and even legislative branches of our state or federal governments to measure how well each of us, as attorneys, functions in the relentlessly changing field of technology and its interactions with attorney ethics. More ›

Don't Sneak a Peek!

An attorney was reprimanded in Maine and censured in New York for looking at her opposing counsel’s notes while her opposing counsel and the presiding judge were outside of the courtroom.  More ›

New York’s Non-Resident Office Rule: The end is Near

Like many jurisdictions, New York historically required that attorneys practicing in the state but residing outside its borders have a physical office in the state. New York’s non-resident office rule is one of exceptionally long vintage; it was first enacted in 1862, and authorized service of process on a nonresident attorney at his or her office in the state. Although the portion of the rule authorizing service of process was excised in 1909, the office rule remained on the books and virtually unchanged for more than a century. The statute, codified at § 470 of the N.Y. Judiciary Law, provides that “A person, regularly admitted to practice as an attorney and counsellor, in the courts of record in this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state.” More ›

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