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Lawyers, law firms and other professional service firms often face complex business, legal and ethical issues. In-house attorneys are also subject to strict ethical standards, while their responsibilities to their employers make the issues they confront even more challenging.
On corporate and commercial matters for law firms and other professional service firms, Moses & Singer advises on every aspect of partnership structures and strategic business issues including: mergers and acquisitions, financing, real estate matters, employment practices, taxation and third-party contractual relationships.
Our lawyers have extensive experience in advising on legal ethics and risk management, conducting ethics audits for midsize and boutique law firms and developing risk management compliance manuals. Furthermore, we act as general counsel and ethics counsel for numerous firms.
Having an in-depth understanding of firm economics and management allows Moses & Singer to provide practical and cost-effective solutions to lawyers and law firms. We are also experienced in representing other types of professional service firms, such as accounting and engineering firms, which, in many cases, face issues similar to those facing law firms.
LAW FIRM BUSINESS MANAGEMENT PRACTICE:
Moses & Singer offers counsel to law firms and service providers on all business-related aspects of their professions:
Corporate/M&A
We advise new and growing law firms in optimizing the formation and structure of their entity. This includes:
- Formation of PLLCs, LLPs, partnerships and joint ventures.
- Mergers and acquisitions
- Withdrawals, separations, earnouts and dissolutions.
- Negotiation of real estate leases
- Review of business forms, engagement agreements and special retainers
Labor and Employment
Moses & Singer offers comprehensive review of compensation and labor issues affecting the firm’s management and ongoing operation:
- Compensation arrangements or retirement benefits
- Discrimination or disability issues
- Review of employment contracts and severance arrangements
- Employment practices and liability issues as well as office policies and procedures.
Banking and Finance
The firm handles negotiation and documentation of credit lines and other financings and advises on insolvency issues.
Trusts and Estates
Succession planning and asset protection for owners or partners of law firms comprises a focal point of Moses & Singer’s nationally renowned practice. Our Trusts & Estates department handles these matters for client referrals as well.
LAW FIRM ETHICS AND COMPLIANCE PRACTICE:
The law firm ethics and compliance practice covers:
- Advice on compliance with rules of professional conduct
- Consultation on ethics issues relating to conflicts of interest resolution, confidentiality, privileged communications, advertising and solicitation, and professional licensing;
- Counsel on issues relating to risk management, loss prevention and professional liability
- Development of internal compliance programs and policies.
SAMPLE QUESTIONS ON LEGAL ETHICS
Attorney Advertising
- What constitutes "Advertisement" and "Solicitation" under the new attorney advertising rules and what, if any, exceptions apply?
- Are law firm web sites affected by the new attorney advertising rules?
- Can names of clients be included in law firm web sites?
- Are requests for proposals (RFPs) subject to the solicitation rules?
- Do the new advertising and solicitation rules affect firm brochures and newsletters sent to clients and prospective clients?
- Do advertisements have to be labeled as such?
- May a law firm web site include attorney rankings by Super Lawyers, Best Lawyers, Martindale, Chambers and such other publications?
Attorney Charging Liens
- May a charging lien attach and be enforceable in matrimonial actions in New York?
CLE Rules
- What aspects of the NYS CLE Rules should "experienced attorneys" (admitted more than 2 years) at law firms and in-house be most familiar with?
- What are the accreditation requirements for law firms and legal departments to be CLE Providers?
Client Papers
- What are client papers and to whom do they belong?
- Does a law firm owe a duty to disclose attorney work product materials to its former client?
Conflicts of Interest
- What information is needed for conflicts checking?
- If an adverse party belongs to the corporate family of a client, is that party also a "client" for conflicts purposes?
- How can a conflicts search database be kept current, accurate and reliable?
Ethical Screens
- May a lawyer of counsel to a law firm share certain client matters with the firm while independently representing his/her own clients?
Fee Sharing
- May New York law firms share legal fees with out-of-state or international law firms?
In-House Counsel
- Do New York's ethics rules apply to in-house counsel?
Joint Ventures
- May a law firm enter into a joint venture with an existing client that it represents in other unrelated matters?
Lateral Attorney Intake
- What due diligence should be conducted before hiring a lateral attorney?
Legal Opinions
- What risk management practices should a law firm have for issuing third-party legal opinions on behalf of its clients?
Letters of Engagement
- Where a corporate representation antedates the requirement of a letter of engagement, is such a letter required to begin representing the client’s parent corporation?
- Does a letter of engagement for banking matters cover a later engagement for litigation matters?
- Are there any exceptions to the rules requiring letters of engagement?
- What are the consequences of not having a letter of engagement?
- If a law firm represents in transactional matters a client individually and an LLC of which he/she is the principal member, but does not represent the other LLC members, how can the firm protect against conflict issues?
Lobbying
- May a lawyer lobby with a client for a bill in Congress?
Multi-Jurisdictional Practice
- Can a law firm collect fees for legal services performed by one of its lawyers in a state where that lawyer is licensed and where the client is located without the law firm having an office in that state?
- Is it the unauthorized practice of law for a law firm to issue a legal opinion on the law of a state where the law firm has neither offices nor lawyers admitted to practice?
- If a law firm represents an out-of-state corporation that does not do business in its own state of incorporation, do the firm's attorneys have to satisfy attorney registration requirements in the state of incorporation?
Negotiation Ethics
- When is it permissible to communicate with adverse clients, directly or indirectly?
- What exposure does counsel have for participating in the negotiation and execution of contracts containing express or implied misrepresentations?
New Client Intake
- What due diligence should be conducted before taking on a new client?
Partnerships
- Is it ethical for a lawyer in a law firm to be a "Partner" in title only?
- Does an ousted law firm partner have standing to assert a discrimination claim against his/her ex-law firm?
Retainer Payments
- If a law firm is unable to locate a client whose retainer balance it is holding after the representation has ended, what should it do?
Vendor Contracts
- What risk management practices should a law firm acting as a customer adopt when entering into third-party vendor contracts?
For more information please contact us.
Prior results do not guarantee a similar outcome.
Lawyers, law firms and other professional service firms often face complex business, legal and ethical issues. In-house attorneys are also subject to strict ethical standards, while their responsibilities to their employers make the issues they confront even more challenging.
On corporate and commercial matters for law firms and other professional service firms, Moses & Singer advises on every aspect of partnership structures and strategic business issues including: mergers and acquisitions, financing, real estate matters, employment practices, taxation and third-party contractual relationships.
Our lawyers have extensive experience in advising on legal ethics and risk management, conducting ethics audits for midsize and boutique law firms and developing risk management compliance manuals. Furthermore, we act as general counsel and ethics counsel for numerous firms.
Having an in-depth understanding of firm economics and management allows Moses & Singer to provide practical and cost-effective solutions to lawyers and law firms. We are also experienced in representing other types of professional service firms, such as accounting and engineering firms, which, in many cases, face issues similar to those facing law firms.
LAW FIRM BUSINESS MANAGEMENT PRACTICE:
Moses & Singer offers counsel to law firms and service providers on all business-related aspects of their professions:
Corporate/M&A
We advise new and growing law firms in optimizing the formation and structure of their entity. This includes:
- Formation of PLLCs, LLPs, partnerships and joint ventures.
- Mergers and acquisitions
- Withdrawals, separations, earnouts and dissolutions.
- Negotiation of real estate leases
- Review of business forms, engagement agreements and special retainers
Labor and Employment
Moses & Singer offers comprehensive review of compensation and labor issues affecting the firm’s management and ongoing operation:
- Compensation arrangements or retirement benefits
- Discrimination or disability issues
- Review of employment contracts and severance arrangements
- Employment practices and liability issues as well as office policies and procedures.
Banking and Finance
The firm handles negotiation and documentation of credit lines and other financings and advises on insolvency issues.
Trusts and Estates
Succession planning and asset protection for owners or partners of law firms comprises a focal point of Moses & Singer’s nationally renowned practice. Our Trusts & Estates department handles these matters for client referrals as well.
LAW FIRM ETHICS AND COMPLIANCE PRACTICE:
The law firm ethics and compliance practice covers:
- Advice on compliance with rules of professional conduct
- Consultation on ethics issues relating to conflicts of interest resolution, confidentiality, privileged communications, advertising and solicitation, and professional licensing;
- Counsel on issues relating to risk management, loss prevention and professional liability
- Development of internal compliance programs and policies.
SAMPLE QUESTIONS ON LEGAL ETHICS
Attorney Advertising
- What constitutes "Advertisement" and "Solicitation" under the new attorney advertising rules and what, if any, exceptions apply?
- Are law firm web sites affected by the new attorney advertising rules?
- Can names of clients be included in law firm web sites?
- Are requests for proposals (RFPs) subject to the solicitation rules?
- Do the new advertising and solicitation rules affect firm brochures and newsletters sent to clients and prospective clients?
- Do advertisements have to be labeled as such?
- May a law firm web site include attorney rankings by Super Lawyers, Best Lawyers, Martindale, Chambers and such other publications?
Attorney Charging Liens
- May a charging lien attach and be enforceable in matrimonial actions in New York?
CLE Rules
- What aspects of the NYS CLE Rules should "experienced attorneys" (admitted more than 2 years) at law firms and in-house be most familiar with?
- What are the accreditation requirements for law firms and legal departments to be CLE Providers?
Client Papers
- What are client papers and to whom do they belong?
- Does a law firm owe a duty to disclose attorney work product materials to its former client?
Conflicts of Interest
- What information is needed for conflicts checking?
- If an adverse party belongs to the corporate family of a client, is that party also a "client" for conflicts purposes?
- How can a conflicts search database be kept current, accurate and reliable?
Ethical Screens
- May a lawyer of counsel to a law firm share certain client matters with the firm while independently representing his/her own clients?
Fee Sharing
- May New York law firms share legal fees with out-of-state or international law firms?
In-House Counsel
- Do New York's ethics rules apply to in-house counsel?
Joint Ventures
- May a law firm enter into a joint venture with an existing client that it represents in other unrelated matters?
Lateral Attorney Intake
- What due diligence should be conducted before hiring a lateral attorney?
Legal Opinions
- What risk management practices should a law firm have for issuing third-party legal opinions on behalf of its clients?
Letters of Engagement
- Where a corporate representation antedates the requirement of a letter of engagement, is such a letter required to begin representing the client’s parent corporation?
- Does a letter of engagement for banking matters cover a later engagement for litigation matters?
- Are there any exceptions to the rules requiring letters of engagement?
- What are the consequences of not having a letter of engagement?
- If a law firm represents in transactional matters a client individually and an LLC of which he/she is the principal member, but does not represent the other LLC members, how can the firm protect against conflict issues?
Lobbying
- May a lawyer lobby with a client for a bill in Congress?
Multi-Jurisdictional Practice
- Can a law firm collect fees for legal services performed by one of its lawyers in a state where that lawyer is licensed and where the client is located without the law firm having an office in that state?
- Is it the unauthorized practice of law for a law firm to issue a legal opinion on the law of a state where the law firm has neither offices nor lawyers admitted to practice?
- If a law firm represents an out-of-state corporation that does not do business in its own state of incorporation, do the firm's attorneys have to satisfy attorney registration requirements in the state of incorporation?
Negotiation Ethics
- When is it permissible to communicate with adverse clients, directly or indirectly?
- What exposure does counsel have for participating in the negotiation and execution of contracts containing express or implied misrepresentations?
New Client Intake
- What due diligence should be conducted before taking on a new client?
Partnerships
- Is it ethical for a lawyer in a law firm to be a "Partner" in title only?
- Does an ousted law firm partner have standing to assert a discrimination claim against his/her ex-law firm?
Retainer Payments
- If a law firm is unable to locate a client whose retainer balance it is holding after the representation has ended, what should it do?
Vendor Contracts
- What risk management practices should a law firm acting as a customer adopt when entering into third-party vendor contracts?
For more information please contact us.
Prior results do not guarantee a similar outcome.
Business Management and Corporate Representation
- Represented major New York City based law firm in restructuring its Shareholders Agreement and other governing documents.
- Represented major New York City based law firm in connection with $25 million credit facility.
- Successfully negotiated agreement under which senior partner of a law firm transitioned to semi-retirement.
- Negotiated settlement with legal malpractice insurance carrier over claim payment.
- Advised law firm in connection with multi-year office lease.
- Advised law firm in connection with separation of a practice group.
Legal Ethics and General Counsel Representation
- Acted as outside ethics compliance counsel for New York and multi-state firms opening New York offices.
- Acted as outside ethics counsel on legal ethics and professional responsibility matters for New York law firms.
- Advised firms and lawyers on ethics matters arising from law firm mergers, buy-outs, break-ups and partner disputes.
- Advised in-house lawyers of a company regarding ethics issues in contract negotations.
- Counseled lawyers on professional discipline charges and investigations.
- Counseled firms on ethics matters relating to proposed business ventures.
- Conducted inspection of firm websites and marketing materials for compliance with attorney advertising rules.
- Counseled a mid-size law firm on unique ethics issues relating to law firm partnership agreement provisions.
- Drafted law firm separation agreements for boutique law practices.
- Represented lateral lawyers on ethical duties relating to law firm departures and other transition-related matters.
- Counseled mid-size law firms on conflicts of interest, engagement letters and attorney advertising rules.
- Advised start-up practices on ethics, professional responsibility and risk management protocols.
- Counseled law firms on cutting edge law practice structures and arrangements, including virtual law offices using cloud technology to deliver on-line legal services.
- Advised firms and lawyers on handling escrow accounts.
- Conducted ethics audits for mid-size and boutique law firms to identify and address gaps in ethical compliance.
- Developed law firm ethics manuals with key policies on confidentiality of client data, conflicts checking, e-mail and the Internet, computer security and social media.
- Arnold N. Bressler
- Jeffrey M. Davis
- Devika Kewalramani
- David Rabinowitz
- Alvin H. Schulman
- Ira W. Zlotnick
Special Counsel
Partner
Associate
- Practical Ethical Issues Facing Entertainment Attorneys
- Cyber Ethics: Shielding Your Clients' Data
- Conflicts of Interest: Defining, Identifying, Preventing and Addressing
- Crossing the Line: When Ethics Problems Can Become Disciplinary Sanctions
- Cyber Ethics: Understanding Your Ethical Obligations in a Cybersecurity Breach
- Ethics in Real Estate Transactions
- When Things Go Wrong, Don't Go With Them: What to Do If the Grievance Committee Comes Calling
- Ethics & Professionalism: Best Practices for Attorneys 2017
- Ethical Issues in Representing Real Estate Joint Ventures
- Bagels, Lox and a Side of Ethics
- Thomson Reuters' Legal Executive InstituteRisk, Ethics and Compliance Forum
- Ethics & Cybersecurity: Duty to Protect Client Data
- 16-Hour Bridge-the-Gap: Practical Skills, Ethics & More…
- Getting Admitted to the First or Second Departments
- Legal Ethics for Real Estate Finance Lawyers
- Ethical Issues for Mediators and Attorneys
- Ethical Implications of a Cyber Breach at a Law Firm
- Answers to Everyday Ethics Questions
- Ethics And Professional Responsibility In The Indian Legal Profession
- Outsourcing 2015: Sourcing Critical Services
- Current Developments in Elder Law 2015
- Hot Button Issues in Employment Law
- Attorney Discipline in New York: Structure, Process & Trends
- 16-Hour Bridge-the-Gap: Practical Skills, Ethics & More…
- CLE Program - Setting Up and Maintaining Client Relationships to Avoid Ethical Dilemmas
- Ethics & Professionalism: Best Practices for Attorneys 2015
- Ethical Issues in FCPA Compliance & Investigations: Practical Advice from the Front Lines
- Women Rising: Advancement, Mentoring and Negotiating Your Way to the Top
- Ethics and Professional Responsibility Committee: Midwinter Meeting 2015
- PLI Advanced Licensing Agreements 2015
- NYC Bar Bridge-the-Gap Corporate and Litigation
- Bridge the Gap Orientation Program for Newly Admitted Attorneys
- A Guided Tour of Special Ethics Problems Facing Trusts & Estates Lawyers
- Ethical Issues in Licensing test
- Outsourcing 2014 - Sourcing Critical Services
- The Dynamics of Ethical and Spiritual Sustainability: Embracing the New Era
- The Rules of Engagement: A Simulated Arbitration Ethics Hotline
- Ethical Issues Facing the Trusts & Estates Attorney
- Getting Admitted to the First or Second Departments
- Overview of Ethics Issues Confronted by the New Practitioner
- Introduction to New York's Rules of Professional Conduct and System of Lawyer Discipline
- Ethical Considerations in Licensing
- Ethics for the Negotiating Lawyer 2013
- Ethical Issues in Licensing
- Negotiation Ethics
- Look Before You Leap: Due Diligence in Law Firm Moves and Mergers
- Ethical Issues in Licensing
- In-House Counsel Ethics: Risks, Trends and Real-World Challenges
- Cloud Computing: Balancing Privacy and Data Mobility
- Ethics, Technology and Solos
- 2nd Annual USA India Business Summit
- From Outsourced to Cloudsourced: The Next Level of Risks
- Ethical Considerations in Licensing
- Ethics for the Negotiating Lawyer 2011
- Everyday Ethics Issues Facing Your Law Practice
- Indian Businesses Go Green
- Ethics in Negotiations
- The New NY Ethics Rules: An Inside View for In-House Counsel
- The New NY Ethics Rules: An Inside View for In-House Counsel
- Ethical Considerations in Licensing
- The New NY Ethics Rules: An Inside View for In-House Counsel
- Ethics for the Negotiating Lawyer
- Attention In-House Counsel: New York's New Ethics Rules Apply To You
- What Every Lawyer Needs To Know About New York's Engagement Letter Rules
- Ethical Issues in Licensing
- What Lawyers Need to Know to Combat Money Laundering and Terrorist Financing
- New York's New Ethic Rules: What's New, What's Not, and What Changed?
- New York's New Ethics Rules: What's New, What's Not, and What Changed?
- New York's New Ethics Rules: What's New, What's Not, and What Changed?
- Highlights of New York's New Rules of Professional Conduct
- Choice-of-Law and Choice-of-Forum Clauses in New York: Drafting Provisions that Work
- New York Adopts New Rules of Professional Conduct: Are You Ready?
- Ethical Considerations In Licensing
- New York Adopts New Rules of Professional Conduct: Are You Ready?
- What Every Lawyer Needs To Know About New York's Engagement Letter Rules
- What Every Lawyer Needs to Know About New York's Engagement Letter Rules
- Ethical Issues in Licensing
- Ethical Duties of Supervisory and Subordinate Lawyers
- Ethics for the Negotiating Lawyer
- Non-Traditional Fee Arrangements; Doing Business with Your Client
- Law Firm Blogs: Legal and Ethical Concerns
- Ethical Duties of Supervisory and Subordinate Lawyers
- What Every Lawyer Needs to Know About New York's Engagement Letter Rules
- What You Need to Know About Legal Opinions
- What Every Lawyer Needs to Know About Conflicts of Interest
- What Every Lawyer Needs to Know About New York's Engagement Letter Rules
- Law Firm Conflicts Management
- Trading Client Trust: A Glimpse Into Insider Trading Within the Legal Profession
- New Rules for Electronic Device Border Searches: Are Attorneys and Clients Prepared?
- In-House Counsel Ethics: Fee Sharing Implications
- How Privilege Applies To Multinationals' In-House Counsel
- Issues to Consider Regarding In-House Counsel Disqualification
- Devika Kewalramani's article was featured in "Connecting Ethics & Practice: A Lawyer's Guide to Professional Responsibility"
- Preserving Privilege and Maintaining Client Confidences When Dealing With Third-Party Consultants During a Crisis
- Avoid Stretching Your License Beyond its Legal and Ethical Limits
- In-House Counsel: Avoid Stretching Your License Beyond Its Legal and Ethical Limits
- In-State Office Rule For Out-Of-State Lawyers Upheld
- Ex-Files: Retain or Return a Former Client's Files?
- Taking Down Your Shingle in New York: Ethics Rule Sets Forth Duties
- New York Rule 8.5: Choice of Law or Law of Choice?
- Is the "Unfinished Business Rule" Really Finished?
- Lawyers & Marijuana: If It's Legal, Can It Be Ethical?
- Too Close for Comfort: Client - Lawyer Relations
- Deal-of-the-Day Coupons: The Ethics of Discount Marketing by Lawyers
- Out-of-State Law Firms in a New York State of Mind
- Demystifying ESQrow Ethics
- The Greenwashing Domino Effect
- Lawyers' Titles and Law Firm Names in the Hi-Tech Era
- Ethical Screens: Building Electronic Barriers
- Ethics For In-House Counsel
- Lawyers: Know Your Clients: Unsolicited Emails
- No Office, No Practice? No! Requirement of New York Office for Non-resident Attorneys Ruled Unconstitutional
- How to Outsource Legal Work
- Are Law Firm Loss Prevention Communications Discoverable?
- New York Resolves In-House Counsel Bar Admission Problem
- Women's Empowerment Conference Held at United Nations
- Flying High in April
- Cloud Computing: Ethical Shades of Gray
- Privilege Invoked If Company Reasonably Believes In-house Counsel is a Lawyer
- URLs for ESQs: How to Choose and Use Ethical Domain Names
- The New York Rules of Professional Conduct
- Lawyers Spared From Red Flags Rule
- Unwritten Vows Break Up Law Firm Partnership
- Up Close and Professional with New York's Engagement Letter Rules
- No License, No Privilege: Says Magistrate Judge in Gucci v. Guess
- You Can Tweet But You Can't Hide: Social Networking for Lawyers
- Report on Bill A8697 to Amend New York's Lien Law of the Ethics Institute of the New York County Lawyers' Association
- Gucci v. Guess: A Lesson on Lapsed Licenses
- EEOC v. Kelley Drye & Warren LLP: The Sequel
- Lawyer's Failure to Maintain License Triggers Battle Over Attorney-Client Privilege
- EEOC Attacks Law Firm Retirement Again
- Tips to Avoid the Pitfalls of Legal Opinion Practice
- The Georgetown Journal of Legal Ethics
- Beware of New Scams Targeting Law Firms
- Report on Engagement Letters of the Professional Responsibility Committee of the Association of the Bar of The City of New York
- Non-Traditional Fee Arrangements and Doing Business with Clients