Legal Ethics in a New York Minute

Episode 8 - Reciprocal Discipline

Welcome to the eight episode of Legal Ethics in a New York Minute with host Kaylin Whittingham. Your Legal Ethics briefing where you’ll hear tips to stay on track and traps to avoid. In this episode, Kaylin explains why what happens in Vegas, does NOT stay in Vegas when it comes to Reciprocal Discipline. Kaylin goes into the importance of self reporting when you have been disciplined in another jurisdiction and the potential consequences of failing to self report. Also included, some case examples that highlight how different jurisdictions may discipline you differently as well as the only three defenses an attorney could raise in New York in a reciprocal disciplinary matter. Join in on the discussion with Kaylin and  suggest some topics you'd like to hear discussed. This is a Seasonal Podcast with each Season having eight episodes that are released in two parts–four episodes each and offer tons of tips and nuggets from Kaylin's years of experience working in Legal Ethics and Professional Responsibility. Kaylin was named Super Lawyer for Professional Liability in the New York Metro Area 2022 and Lawyer of Distinction 2022. In 2020, she was named in the Top 100 National Black Lawyers. She is the recipient of the 2018 National Bar Association Presidential Award; 2017 Association of Black Women Attorneys Achievement Award; and 2016 Black Women of Influence (BWOI) Trailblazer Award. Kaylin  is featured in the Book and World Exhibit—"200 Women: Who Will Change the Way You See The World.”  Guided by her mantra: "Inspire. Empower. Engage."—Kaylin advocates for women's rights, immigrants, victims of domestic violence, and the mentally ill. 0:00 - Intro. 0:48 - What happens in Vegas, does NOT stay in Vegas: What is reciprocal discipline? 1:34 - Breaking down foreign jurisdiction. 2:30 - You have a duty to report discipline by a foreign jurisdiction. 2:56 - Consequences of not self-reporting discipline by a foreign jurisdiction. 3:57 - Types of sanctions you may receive in reciprocal discipline. 4:42 - Factors that influence the types of sanctions you may receive in reciprocal discipline. 5:14 - Case Example: Matter of Feng Li 6:03 - Case Example: Matter of Falco 6:22 - New York's stance on domestic abuse cases. 7:10 - 3 defenses an attorney could raise in a reciprocal discipline matter. 7:53 - Outro Signup for our: Monthly Legal Ethics CLE webinar via Zoom Legal Ethics & Attorney Discipline Quarterly Report On our website - https://whittinghamlaw.com [https://whittinghamlaw.com/]  Follow Kaylin on social media; https://www.linkedin.com/in/kaylinlwhittingham-36338214/ [https://www.linkedin.com/in/kaylinlwhittingham-36338214/] https://www.facebook.com/whittinghamlaw/ [https://www.facebook.com/whittinghamlaw/] https://www.instagram.com/kaylinwhittinghamnyc/?hl=en [https://www.instagram.com/kaylinwhittinghamnyc/?hl=en]

Episode 7 - Supervision

Welcome to the seventh episode of Legal Ethics in a New York Minute with host Kaylin Whittingham. Your Legal Ethics briefing where you’ll hear tips to stay on track and traps to avoid. In this episode, Kaylin takes a look at the importance of supervision and how you can be held  accountable for not just your own actions as an attorney; but also the actions of your associates and non-attorney employees, from managers to bookkeepers. Kaylin goes into two great case examples in this episode where she highlights the consequences of a lack of supervision and how you can avoid  doing the same. Join in on the discussion with Kaylin and  suggest some topics you'd like to hear discussed. This is a Seasonal Podcast with each Season having eight episodes that are released in two parts–four episodes each and offer tons of tips and nuggets from Kaylin's years of experience working in Legal Ethics and Professional Responsibility. Kaylin was named Super Lawyer for Professional Liability in the New York Metro Area 2022 and Lawyer of Distinction 2022. In 2020, she was named in the Top 100 National Black Lawyers. She is the recipient of the 2018 National Bar Association Presidential Award; 2017 Association of Black Women Attorneys Achievement Award; and 2016 Black Women of Influence (BWOI) Trailblazer Award. Kaylin  is featured in the Book and World Exhibit—"200 Women: Who Will Change the Way You See The World.”  Guided by her mantra: "Inspire. Empower. Engage."—Kaylin advocates for women's rights, immigrants, victims of domestic violence, and the mentally ill. 0:00 - Intro. 0:53 - Consequences of not supervising your non-attorney employees. 2:09 - Non-attorney employees have responsibility too. 3:18 - Case example: Matter of Hallock. 5:03 - Another case example: Matter of Galasso. 6:12  - What the Courts considered when determining what the sanctions should be in these cases. 7:41 - Outcome of Matter of Galasso. 8:22 - Outro Signup for our: Monthly Legal Ethics CLE webinar via Zoom Legal Ethics & Attorney Discipline Quarterly Report On our website - https://whittinghamlaw.com [https://whittinghamlaw.com/]  Follow Kaylin on social media; https://www.linkedin.com/in/kaylinlwhittingham-36338214/ [https://www.linkedin.com/in/kaylinlwhittingham-36338214/] https://www.facebook.com/whittinghamlaw/ [https://www.facebook.com/whittinghamlaw/] https://www.instagram.com/kaylinwhittinghamnyc/?hl=en [https://www.instagram.com/kaylinwhittinghamnyc/?hl=en]

Episode 6 - Communications

Welcome to the sixth episode of Legal Ethics in a New York Minute with host Kaylin Whittingham. Your Legal Ethics briefing where you’ll hear tips to stay on track and traps to avoid. In this episode, Kaylin covers the topic of communication, including communicating with your clients, the courts, your adversaries, co-counsels as well as internal communication with your staff. Kaylin breaks down three things you must do when it comes to communicating and how following these rules will help you to avoid the type of confusion that can often lead to a grievance complaint. Kaylin also explains the importance of memorializing your communications.  Join in on the discussion with Kaylin and  suggest some topics you'd like to hear discussed. This is a Seasonal Podcast with each Season having eight episodes that are released in two parts–four episodes each and offer tons of tips and nuggets from Kaylin's years of experience working in Legal Ethics and Professional Responsibility. Kaylin was named Super Lawyer for Professional Liability in the New York Metro Area 2022 and Lawyer of Distinction 2022. In 2020, she was named in the Top 100 National Black Lawyers. She is the recipient of the 2018 National Bar Association Presidential Award; 2017 Association of Black Women Attorneys Achievement Award; and 2016 Black Women of Influence (BWOI) Trailblazer Award. Kaylin  is featured in the Book and World Exhibit—"200 Women: Who Will Change the Way You See The World.”  Guided by her mantra: "Inspire. Empower. Engage."—Kaylin advocates for women's rights, immigrants, victims of domestic violence, and the mentally ill. 0:00 - Intro. 1:18 - 3 things you must do when it comes to communication.  1:54 - Always communicate clearly with clients and use terms they understand. 3:02 - Communicate frequently with your clients. 4:33 - Put things in writing.  5:28 - Not every engagement requires a retainer, but some do. 6:18 - If in doubt, memorialize it. 6:57 - Outro Signup for our: Monthly Legal Ethics CLE webinar via Zoom Legal Ethics & Attorney Discipline Quarterly Report On our website - https://whittinghamlaw.com [https://whittinghamlaw.com/]  Follow Kaylin on social media; https://www.linkedin.com/in/kaylinlwhittingham-36338214/ [https://www.linkedin.com/in/kaylinlwhittingham-36338214/] https://www.facebook.com/whittinghamlaw/ [https://www.facebook.com/whittinghamlaw/] https://www.instagram.com/kaylinwhittinghamnyc/?hl=en [https://www.instagram.com/kaylinwhittinghamnyc/?hl=en]

Episode 5 - Conflict of Interest

Welcome to the fifth episode of Legal Ethics in a New York Minute with host Kaylin Whittingham. Your Legal Ethics briefing where you’ll hear tips to stay on track and traps to avoid. In this episode, Kaylin discusses conflict of interest breaking it down into two broad categories; client conflict and personal conflict. Kaylin also gives some useful tips as to how you can minimize your risk of conflict and ways to protect yourself, if a conflict of interest does arise. Kaylin also goes into detail on what she calls the cost of conflicts.  Join in on the discussion with Kaylin and  suggest some topics you'd like to hear discussed. This is a Seasonal Podcast with each Season having eight episodes that are released in two parts–four episodes each and offer tons of tips and nuggets from Kaylin's years of experience working in Legal Ethics and Professional Responsibility. Kaylin was named Super Lawyer for Professional Liability in the New York Metro Area 2022 and Lawyer of Distinction 2022. In 2020, she was named in the Top 100 National Black Lawyers. She is the recipient of the 2018 National Bar Association Presidential Award; 2017 Association of Black Women Attorneys Achievement Award; and 2016 Black Women of Influence (BWOI) Trailblazer Award. Kaylin  is featured in the Book and World Exhibit—"200 Women: Who Will Change the Way You See The World.”  Guided by her mantra: "Inspire. Empower. Engage."—Kaylin advocates for women's rights, immigrants, victims of domestic violence, and the mentally ill. 0:00 - Intro 0:59 - Rundown of topics on conflict of interest 1:18 - Two broad categories of conflict 1.41 - 3 possible types of client conflict 2:56 - Reasons for personal conflict 3:28 - Rule 1.8 of the New York Rules of Professional Conduct 4:52 - 3 things you can do to minimize risk of client conflict 6:18 - What happens if you do have a conflict? 7.:39 - The potential cost of conflict if you don't protect yourself 8:19 - Outro Signup for our: Monthly Legal Ethics CLE webinar via Zoom Legal Ethics & Attorney Discipline Quarterly Report On our website - https://whittinghamlaw.com [https://whittinghamlaw.com/]  Follow Kaylin on social media; https://www.linkedin.com/in/kaylinlwhittingham-36338214/ [https://www.linkedin.com/in/kaylinlwhittingham-36338214/] https://www.facebook.com/whittinghamlaw/ [https://www.facebook.com/whittinghamlaw/] https://www.instagram.com/kaylinwhittinghamnyc/?hl=en [https://www.instagram.com/kaylinwhittinghamnyc/?hl=en]

Episode 4 - Escrow Part 2: Common Misconceptions and Misuse of Escrow Accounts

Welcome to the fourth episode of Legal Ethics in a New York minute with host Kaylin Whittingham. Your Legal Ethics briefing where you’ll hear tips to stay on track and traps to avoid. In this episode, Kaylin dispels some common misconceptions about escrow accounts, clearing up what is and isn't misuse of an escrow account. Kaylin delves into some practices that you may be surprised to learn could lead to you being disciplined. In this episode Kaylin also tells us why you should not hide third party funds from creditors in escrow, why disputed funds must be held in escrow and why mistakenly over dispersing funds is still misappropriation . Also included, a couple of interesting cases wherein one attorney was disbarred for misuse of an escrow account. Join in on the discussion with Kaylin and  suggest some topics you'd like to hear discussed. This is a Seasonal Podcast with each Season having eight episodes that are released in two parts–four episodes each and offer tons of tips and nuggets from Kaylin's years of experience working in Legal Ethics and Professional Responsibility. Kaylin was named Super Lawyer for Professional Liability in the New York Metro Area 2022 and Lawyer of Distinction 2022. In 2020, she was named in the Top 100 National Black Lawyers. She is the recipient of the 2018 National Bar Association Presidential Award; 2017 Association of Black Women Attorneys Achievement Award; and 2016 Black Women of Influence (BWOI) Trailblazer Award. Kaylin  is featured in the Book and World Exhibit—"200 Women: Who Will Change the Way You See The World.”  Guided by her mantra: "Inspire. Empower. Engage."—Kaylin advocates for women's rights, immigrants, victims of domestic violence, and the mentally ill. 0:00 - Intro 0:48 - Misuse of escrow account 1:21 - Promptly moving legal fees from escrow 2:41 - Do not hide third party funds in escrow account from creditors 3:39 - Disputed funds must be held in escrow account until resolution 5:04 - Mistakenly over dispersing funds is still misappropriation  5:50 - Dishonored checks and misappropriation  6:49 - Repayment of misappropriated funds is still a violation 7:22 - Case examples 8:57 - Outro Signup for our: Monthly Legal Ethics CLE webinar via Zoom Legal Ethics & Attorney Discipline Quarterly Report On our website - https://whittinghamlaw.com [https://whittinghamlaw.com/]  Follow Kaylin on social media; https://www.linkedin.com/in/kaylinlwhittingham-36338214/ [https://www.linkedin.com/in/kaylinlwhittingham-36338214/] https://www.facebook.com/whittinghamlaw/ [https://www.facebook.com/whittinghamlaw/] https://www.instagram.com/kaylinwhittinghamnyc/?hl=en [https://www.instagram.com/kaylinwhittinghamnyc/?hl=en]