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New York Legal Ethics

1.8   Rule 1.8 Conflict of Interest: Prohibited Transactions

1.8:100   Comparative Analysis of New York Rule

• Primary New York References: DR 5-104
• Background References: ABA Model Rule 1.8, Other Jurisdictions
• Commentary:

1.8:101      Model Rule Comparison

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1.8:102      Model Code Comparison

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1.8:200   Lawyer's Personal Interest Affecting Relationship

• Primary New York References: DR 5-104(A), EC 5-3, EC 5-5
• Background References: ABA Model Rule 1.8(a), Other Jurisdictions
• Commentary: ABA/BNA § 51:501 et seq., ALI-LGL § 207, Wolfram §§ 7.6, 8.11

1.8:210      Sexual Relations with Clients

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1.8:220      Business Transactions with Clients

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1.8:300   Lawyer's Use of Client Information

• Primary New York References: DR 4-101(B), EC 4-5
• Background References: ABA Model Rule 1.8(b), Other Jurisdictions
• Commentary: ABA/BNA §§ 55:501-55:2001 , ALI-LGL §§ 113-117A, Wolfram § 6.7

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1.8:400   Client Gifts to Lawyer

• Primary New York References: EC 5-1, EC 5-2, EC 5-5, EC 5-6
• Background References: ABA Model Rule 1.8(c), Other Jurisdictions
• Commentary: ABA/BNA § 51:601, ALI-LGL § 208, Wolfram § 8.12

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1.8:500   Literary or Media Rights Relating to Representation

• Primary New York References: DR 5-104(B), EC 5-1, EC 5-3, EC 5-4
• Background References: ABA Model Rule 1.8(d), Other Jurisdictions
• Commentary: ABA/BNA § 51:701, ALI-LGL § 48, Wolfram § 9.3.3

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1.8:600   Financing Litigation

• Primary New York References: DR 5-103(B), EC 5-1, EC 5-3, EC 5-7, EC 5-8
• Background References: ABA Model Rule 1.8(e), Other Jurisdictions
• Commentary: ABA/BNA § 51:801, ALI-LGL § 48, Wolfram § 9.2.3

1.8:610      Litigation Expenses

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1.8:620      Living and Medical Expenses

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1.8:700   Payment of Lawyer's Fee by Third Person

• Primary New York References: DR 5-107(A) & (B), EC 2-21, EC 5-1
• Background References: ABA Model Rule 1.8(f), Other Jurisdictions
• Commentary: ABA/BNA § 51:901, ALI-LGL §§ 215, 216, Wolfram § 8.8

1.8:710      Compensation and Direction by Third Person

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1.8:720      Insured-Insurer Conflicts [see also 1.7:315]

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1.8:730      Lawyer with Fiduciary Obligation to Third Persons [see 1.13:520]

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1.8:800   Aggregate Settlements

• Primary New York References: DR 5-106(A), EC 5-1
• Background References: ABA Model Rule 1.8(g), Other Jurisdictions
• Commentary: ABA/BNA § 51:375, ALI-LGL § 209, Wolfram § 8.15

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1.8:900   Agreements Involving Lawyer's Malpractice Liability

• Primary New York References: DR 6-102(A), EC 6-6
• Background References: ABA Model Rule 1.8(h), Other Jurisdictions
• Commentary: ABA/BNA § 51:110l, ALI-LGL § 76, Wolfram § 5.6.7

1.8:910      Prospective Limitation of Malpractice Liability

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1.8:920      Settlement of Legal Malpractice Claim

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1.8:1000   Opposing a Lawyer Relative

• Primary New York References:
• Background References: ABA Model Rule 1.8(i), Other Jurisdictions
• Commentary: ABA/BNA § 51:1301, ALI-LGL § 203, Wolfram § 7.6.6

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1.8:1100   Lawyer's Proprietary Interest in Subject Matter of Representation

• Primary New York References: DR 5-103(A), DR 5-101(A), EC 5-1, EC 5-7
• Background References: ABA Model Rule 1.8(j), Other Jurisdictions
• Commentary: ABA/BNA § , ALI-LGL §§ 47, 53, 55, Wolfram §§ 8.13, 9.6.3

1.8:1110      Acquiring an Interest in Subject Matter of Representation

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1.8:1120      Contingent Fees [see also 1.5:600]

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1.8:1130      Lawyer Liens

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1.8:1140      Retention of Files to Collect Fees

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