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The Inter-Firm Privilege and the Disciplinary Process: How to Protect Your Communications and Not Get Disciplined

SKU: ETH5700
Total Credits
1 - 1.25
Price$50
  • Online Access
  • Smartphone
  • iPad/iPod/Tablets
  • CDs/DVDs

Description

It’s been a season of firsts for New York lawyers. In recent months a New York appellate court issued a landmark decision recognizing, for the first time, that certain communications between lawyers in a law firm may be protected by the attorney-client privilege (known as the inter-firm privilege). Additionally, the New York Court System adopted uniform rules for imposing attorney discipline, which is expected to bring some much-needed consistency to a process that has been known to change drastically by judicial department.

This CLE will cover New York’s recent recognition of the inter-firm privilege and guidance for how to make sure that communications are covered by the privilege. The CLE will also provide an overview of New York’s attorney discipline process (focusing on issues for lawyers in medium-sized and large firms) and the recent rule changes that are set to take effect.

Lecturer Bios

Ronald C. Minkoff, Esq.

Ronald C. Minkoff is a partner in the Litigation Group and Head of the Professional Responsibility Group. Mr. Minkoff is also one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership disputes, disciplinary cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Professional Discipline of the New York State Bar Association. He is also the Chair of the Task Force on Professionalism of the New York County Lawyers Association, a former member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. He is a member of the Media Law Resource Center (MLRC) ethics committee and has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications. Mr. Minkoff is an Adjunct Professor of Professional Responsibility at Benjamin N. Cardozo School of Law. He has also served as an Adjunct Professor at New York University School of Law, Fordham Law School, and Brooklyn Law School. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He represents several law firm partners in partnership disputes. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff was recently appointed to the Advisory Committee of the Commercial Division of the Supreme Court, New York County and was a member of Chief Judge Lippman’s Task Force on Commercial Litigation in the 21st Century. He is also a member of the Council on Judicial Administration of the New York City Bar Association.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He was an attorney at the Nassau County Legal Aid Society (1980-83), and was associated with Obermaier Morvillo & Abramowitz, P.C. (1983-85) and Owen & Fennell (1985-87). Mr. Minkoff was a member of Fennell & Minkoff (1987-94) and Beldock Levine & Hoffman (1994-2001) before joining Frankfurt Kurnit.

Representative cases: Grynberg v. BP Explorations Operating Co. Ltd. 92 A.D.3d 547 938 N.Y.S.2d 439 (2012); Frauzblau v. Cassin and Cassin LLP Index: 105949/10 Supreme Court New York County (2010); Carl v. Cohen and Greenberg Traurig, LLP 23 Misc.3d 1110(A) 886 N.Y.S.2d 66 (2009); Conopco, Inc. v. Wein, 2007 U.S. Dist. LEXIS 46945 (S.D.N.Y. 2007); Trepel v. Dippold, 2006 U.S. Dist. LEXIS 78050 (S.D.N.Y. 2006); Goetz v. Volpe and R & L Leasing, LLC, 11 Misc.3d 632, 812 N.Y.S.2d 294 (2006).

Richard M. Maltz, Esq.

Richard M. Maltz is counsel to our Legal Ethics and Professional Responsibility Group and he has more than 23 years of experience in the professional responsibility field. He represents lawyers in disciplinary matters and lawyers and law firms in partnership disputes. He also handles litigation involving professional responsibility issues, fee disputes, law firm disputes, disqualification, sanctions, and problems in the admission process for law graduates. He was recently recognized by Best Lawyers in America as one of the top attorneys in his field.

Mr. Maltz served two years as First Deputy Chief Counsel (1998-2000) and nine years as Deputy Chief Counsel (1989-1998) for the Departmental Disciplinary Committee for the Appellate Division, First Judicial Department. Prior to joining the Committee, Mr. Maltz handled both criminal and civil litigation. Currently, Mr. Maltz is a member of the New York State Bar Committee on Professional Discipline and the New York City Bar Professional Responsibility Committee. He was creator and Chair of the New York State Trial Lawyer’s Ethics Committee. Mr. Maltz is a former Chair of the Professional Responsibility Committee of the New York City Bar (2002-2005) and former Chair and then Co-Chair of the Ethics Committee of the Westchester County Bar Association. He served as a member of the New York County Lawyers’ Ethics Institute and was appointed to the New York State Bar Advertising Task Force. He was also former Chair of the Briarcliff Manor Ethics Board, as well as a former Referee for the Judicial Conduct Commission. Mr. Maltz has been certified to teach an ethics CLE course by the New York State Continuing Legal Education Board and he lectures often on disciplinary and ethical issues for New York State, City, and County Bar associations and for private law firms. He has taught professional responsibility at Benjamin N. Cardozo School of Law, and has published articles in the New York Law Journal, New York State Bar Journal, and Georgetown Journal of Legal Ethics. He has also acted as an ethics expert.

Tyler Maulsby, Esq.

Tyler Maulsby is an associate in the Legal Ethics and Professional Responsibility and Litigation Groups of Frankfurt Kurnit.

His practice focuses on counseling and litigation matters in areas including: commercial disputes, legal malpractice, criminal defense, conflicts of interest, lateral transitions, disqualification motions, unauthorized practice of law, and professional discipline.

Mr. Maulsby currently serves as Secretary of the Committee on Professional Ethics of the New York City Bar Association and is a member of the Association of Professional Responsibility Lawyers. He is also a regular contributor to the New York Legal Ethics Reporter.

Prior to joining Frankfurt Kurnit, Mr. Maulsby was a criminal defense attorney at The Bronx Defenders, a holistic public defender office in the South Bronx. While at The Bronx Defenders, Mr. Maulsby acted as lead counsel in numerous hearings, jury and bench trials.

He is admitted to practice in New York state courts and federal courts in the Southern and Eastern Districts of New York.



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