Hal Lieberman published the first of three articles on the impact of the new statewide uniform rules governing attorney disciplinary procedures. The current article addresses formal proceedings and concludes that, although statewide uniformity is a major advance, the new rules also contain flaws and gaps. Specifically, Hal cites provisions that more deeply involve the courts in pre-hearing stages, potentially leading to unnecessary delays. Furthermore, the new rules do not address or remedy several disparate practices among the four departments, including the availability of oral argument. Read the full article here.
ECBA lawyers Hal Lieberman and Dan Kornstein published an essay in the March 8, 2016 issue of the New York Law Journal entitled “Jewish Claims Conference’s Duty to Victims of Nazis.” Read the article here.
Hal Lieberman published a second article in the New York Law Journal concerning the Commission on Statewide Attorney Discipline’s September 2015 Report. His previous article focused on the recommendations that would improve uniformity and fairness. This article considers the recommendations aimed at fostering efficiency within the disciplinary process.
Hal supports the Commission’s suggested two-prong approach: (i) developing a process for disposing of meritless complaints, and (ii) targeting more resources at prosecuting serious cases that warrant public discipline. Read the full article here.
Hal Lieberman and Harvey Prager, with their co-author, Richard Supple, have updated their book, New York Attorney Discipline Practice and Procedure for 2016. The new publication is now on sale on ALM’s website from the publishers of the New York Law Journal.
The book provides a practical, in depth, and orderly framework:
For lawyers who receive complaints, wish to get admitted to practice, or are subject to discipline
For their lawyers
For staffs and committee members of disciplinary agencies, and
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.” Read the full article here.
ECBA recently succeeded on a motion to disqualify plaintiffs’ co-counsel in a pending litigation in New York Supreme Court. Retained as special ethics counsel on the disqualification motion, ECBA 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.