Ethical Boundaries for Aggressive New York Litigators

(243 Ratings)

Produced on: June 09, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Intermediate

This program, presented by legal ethics and professional responsibility attorneys Richard Maltz, John B. Harris, and Vitaly Lipkansky, explores how you may aggressively pursue your clients’ goals without running afoul of the ethics rules that could land you before an attorney grievance committee.

The program presents challenging issues by discussing real life hypotheticals that include such subjects as: using social media before, during and after a litigation; how to preserve the record without being held in contempt; how to address an overzealous adversary; how to stand up to a hostile judge and avoid a grievance; and controlling an over-demanding client.   

Learning Objectives: 

  1. Discuss how to represent your client aggressively, without violating ethical rules
  2. Review how to use social media throughout the duration of a case
  3. Understand how to ethically preserve the record, communicate with an overzealous or difficult adversary, and more

Faculty

Richard M. Maltz

Frankfurt, Kurnit, Klein & Selz, PC

Richard M. Maltz is counsel to Frankfurt, Kurnit, Klein & Selz, PC Legal Ethics and Professional Responsibility Group. With more than 27 years of experience in the professional responsibility field, he is one of New York State’s leading practitioners in the field of legal ethics and professional responsibility, representing law graduates seeking admission, lawyers and law firms in a wide variety of disciplinary matters, litigation, fee disputes and law firm disputes.  He was recently recognized by Best Lawyers in America as one of the top attorneys in his field. He has also been named as a Super Lawyer as noted in the New York Times Magazine. 

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 was 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.

Vitaly Lipkansky

First Judicial Department

Prior to joining the Disciplinary Committee as a Staff Attorney, Mr. Lipkansky was an Assistant District Attorney in the Queens County District Attorney’s Office, where, inter alia, he was in the Economic Crimes Bureau engaging in the prosecution (from arrest through trial) of felony “white collar” criminal offenses, including insurance fraud, embezzlement, and the distribution of counterfeit goods.  He was also in the Narcotics Trials Bureau, where he prosecuted felony narcotics offenses, from basic “buy-and-bust” operations to transportation of narcotics through the two international airports in Queens. 

Mr. Lipkansky joined the Attorney Grievance Committee (AGC) in 1999 as a Senior Attorney.  As a Deputy Chief Attorney at the AGC, Mr. Lipkansky supervises the work of Staff Attorneys and the AGC’s Investigative Accountant.  Mr. Lipkansky also investigates and prosecutes a wide variety of ethics complaints against attorneys.  

He has investigated and prosecuted many attorney ethics matters involving attorney misconduct, such as conversion of escrow funds, neglect of client matters, criminal convictions, and fraud of various types.  Among other matters, Mr. Lipkansky handled the suspension from practice and ultimate disbarment of Marc Dreier, who operated a fraudulent investment scheme through which he stole hundreds of millions dollars from unsuspecting investors. 

Mr. Lipkansky has lectured at CLE events on issues of ethics and professionalism for the New York County Lawyers Association, the New York State Trial Lawyers Institute, the Practising Law Institute, the Assigned Counsel Plan, the Westchester County Bar Association, and the Committee on Character and Fitness.  

Mr. Lipkansky has testified in both state and federal criminal matters, both at the Grand Jury and trial level, as to the proper use of attorney escrow accounts.  

Mr. Lipkansky graduated cum laude from New York Law School in 1996.



John B. Harris

Frankfurt Kurnit Klein & Selz PC

John B. Harris is a litigation partner at Frankfurt Kurnit Klein & Selz.  He has broad experience in legal ethics and professional responsibility practice and frequently defends law firms, lawyers, and other professionals against claims of legal malpractice, breach of fiduciary duty and fraud.  He also counsels lawyers on their ethical responsibilities and represents lawyers in disputes with current and former partners.

More broadly, Mr. Harris frequently represents lawyers and non-lawyers who are the subjects of criminal or regulatory investigations. He has represented public figures, corporate executives and securities industry professionals against allegations involving collateralized debt obligation and mortgage fraud; antitrust violations, anti-money laundering investigations; insider trading; securities and accounting fraud; and mutual fund pricing violations.

Mr. Harris is a past Chair of the Professional Responsibility Committee of the New York City Bar Association, and is a former member of the New York City Bar’s Committee on Professional and Judicial Ethics, Committee on Professional Discipline, Judiciary Committee, and Task Force on Multi-Disciplinary Practice. He has served as a delegate to the New York State Bar Association House of Delegates and currently serves as a member of the State Bar Professional Discipline Committee. He acts as a mediator for the US District Court for the Southern District of New York.

Mr. Harris is also a past Chair of the New York Regional Board of the ADL and chairs its National Legal Affairs Committee, serves as a director of the New York University Law Alumni Association; and is a board member of Summer Search, New York



Reviews

JJ
John J.

I thought this was helpful.

SM
Suzanne M.

Good discussion by experienced practitioners.

DW
Daniel W.

Excellent format and panel - first rate and well done

TK
Thomas K.

Very organized and well spoken presenters.

HL
Harold L.

Good presentation.

OB
Oded B.

Thank you

TG
Tali G.

The course was very interesting

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