Out-of-State Lawyers In A New York State Of Mind

The Practical Lawyer (2013)

When an out-of-state or foreign law firm opens the doors of its New York office, who looks at New York's Rules of Professional Conduct? Look closely because the lawyers licensed to practice at the New York office are responsible for complying with the Rules. 


This article, co-authored by Jordan, highlights some of the quirkier aspects of the ethical terrain in New York to alert firms headquartered or located out-of-state to consider the significant ethical variations that may exist among the jurisdictions before launching a New York office, including: (1) conflicts checking, (2) engagement letters, (3) advance retainers, (4) escrow account rules, (5) lateral screening, (6) duties to prospective clients, (7) metadata, (8) in-state office rules and virtual offices, (9) multi-jurisdictional practice, (10) attorney advertising rules, and (11) website domain names.

Advance Payment Retainers: Whose Property? What Account?

New York Law Journal (Feb. 15, 2013)

An advance payment retainer is a sum provided by the client to cover payment of legal fees expected to be earned during the course of a client representation; to the extent the legal fees advanced are not earned during the representation, the lawyer agrees to return them to the client.

This article, co-authored by Jordan, discusses to whom the advance payment retainer belongs (the lawyer or the client), and whether the funds may be deposited in the lawyer's operating account or the client trust account.