How to Avoid Common Ethics Problems

Small Firms and Solos Are Often Subject to Disciplinary Complaints and Malpractice Claims Every year literally thousands of New York attorneys are recipients of client disciplinary complaints, and many are also sued for malpractice. The vast majority of these respondents (to use the disciplinary parlance) are small firm and solo practitioners. Even more ominously, the numbers … Read more

Private Conduct and Professional Discipline

Attorney Joseph Masterson married Mary Masterson in 1956. Forty-one years later, he purportedly married Mingli Yang without divorcing his first wife. At the time of his second wedding, Mr. Masterson submitted an application to the city clerk falsely affirming he had never been married. The Appellate Division, Second Department, determined that Masterson had engaged in … Read more

Should Lawyers Be Free to Publicly Excoriate Judges?

Copyright (c) 1997 Hofstra Law Review Association; Hal R. Lieberman “[J]unk justice.“1 “‘[R]acist.”’2 “ “[A]nti-semitism.”’3 Appellate judges are “‘the whores who became madams.”’4 “‘[S] onofabitch.”’5 Inflammatory attacks on judges and the judiciary, like the foregoing lawyers’ comments reported in the press, are becoming more common. Should such remarks be tolerated under the First Amendment, or … Read more