This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court procee
ding absent making a motion for admission pro hac vice? To answer this slightly ambiguously worded question, we need more information. Specifically, the answer depends on the meaning of “out-of-state”
December 2017
Check the Rules Part IV
By Matthew D. Donovan on
Posted in Rule Changes
In one of our very first posts on this blog – entitled “First Things First: Check the Rules!” – we reported on some updates in March of this year to Manhattan Commercial Division Justice Eileen Bransten’s individual practice rules. We took the opportunity then to remind Commercial Division practitioners, in light of the…
Proposed Amendment to Commercial Division Rule 11-g Seeks to Add Clawback Language to Standard Confidentiality Order
By Farrell Fritz P.C. on
Posted in Rule Changes
Disclosure of Electronically Stored Information (“ESI”) has become a staple in commercial cases. Of course, with the vast number of documents and ESI being reviewed and the increased complexity in the review process, the risk of inadvertent production of privileged information is at its highest. The inadvertent production of privileged material often leads to lengthy,…
Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!
By Farrell Fritz P.C. on
Posted in Attorney-Client Relationship
Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the First Department may be surprised to learn that, in certain circumstances, a representation adverse to their former clients, even in litigation arising…