Hal R. Lieberman and Harvey Prager co-authored a two-part article published in the New York Legal Ethics Reporter, concerning New York’s Catch-All Rule (N.Y. Rule Prof. Cond. 8.4(h)) and whether it should be retained. Read Part 1 here and Part 2 here.
In response to the publication of the Commission on Statewide Attorney Discipline’s September 2015 Report, Hal Lieberman published an article in the New York Law Journal evaluating the recommendations made in the report with respect to uniformity and fairness.
Mr. Lieberman traces the impact of the recommendations on sanctions and procedure. He commends the proposal of adopting statewide sanctioning guidelines, which will lead to uniform sanctioning outcomes in the future. He also supports the proposal that would yield statewide uniform rules and procedures governing the processing of disciplinary matters, which he calls a “wholly refreshing departure.”
ECBAWM recently succeeded on a motion to disqualify plaintiffs’ co-counsel in pending litigation in New York Supreme Court. Retained as special ethics counsel on the disqualification motion, ECBAWM was able to convince the Court to disqualify the firm because one of its associates had previously represented defendants in the same matter and had obtained material client confidences before he moved laterally to the plaintiffs’ firm.
Hal R. Lieberman was appointed a member of the newly established Commission on Statewide Attorney Discipline, chaired by Chief Administrative Judge A. Gail Prudenti. The Commission will conduct a top-to-bottom review of the attorney discipline system throughout the state and issue recommendations on how to reshape attorney discipline in New York to ensure fairness, efficiency, and effectiveness.