A review of the inquiries made to the Committee's Ethics Hotline has shown that certain legal ethics questions occur more often than others. Accordingly, the Committee has prepared a set of answers to frequently asked questions for the general edification of the Bar. The answers provide only an introduction to the topics discussed. Before taking any action, a lawyer should conduct more extensive research, consulting at a minimum relevant court decisions, the Committee's formal opinions, and the opinions of the Professional Ethics Committees of the New York State Bar Association, the New York County Lawyers' Association, and the Nassau County Bar Association.
Q. May a lawyer simultaneously represent multiple clients with conflicting interests?
A. Rule 1.7 of the New York Rules of Professional Conduct ("Rules"), 22 N.Y.C.R.R §1200.7, governs the answer to this question.
Rule 1.7(a) provides in pertinent part that except as permitted by Rule 1.7(b) (discussed below), "a lawyer shall not represent a client if a reasonable lawyer would conclude that . . . the representation will involve the lawyer in representing differing interests." Rule 1.7(a)(1).
the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. . . .
Rule 1.7(b). If these conditions are satisfied, a lawyer may simultaneously represent clients notwithstanding a conflict only if "each affected client gives informed consent confirmed in writing." Rule 1.7(b)(4).
Absent consent, when a lawyer represents a client in one matter, he may not be adverse to that client in a different matter, even if the two matters are wholly unrelated. See Rule 1.7, Cmt. .
Rule 1.8 provides an additional caveat for attorneys involved in representing multiple clients simultaneously. "A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, absent court approval, unless each client gives informed consent in a writing signed by the client." Rule 1.8(g). See also N.Y. City 2009-6 (before binding multiple clients to an aggregate settlement, a lawyer has a nonwaivable obligation to obtain the informed consent of every affected client).
With respect to aggregate settlements, Rule 1.8 (g) further provides that informed client consent requires disclosure to each client of "the existence and nature of all the claims involved and of the participation of each person in the settlement." In addition, Rule 1.8 requires that consent to the aggregate settlement be "in a writing signed by the client." In contrast, under Rule 1.7, the requisite consent need only be "confirmed in writing," as defined by Rule 1.0(e).
"Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated information adequate for the person to make an informed decision, and after the lawyer has adequately explained to the person the material risks of the proposed course of conduct and reasonably available alternatives.
The prohibition against conflicts in the representation of multiple clients furthers a number of salutary objectives. As explained by the New York Court of Appeals, the prohibition safeguard[s] against not only violation of the duty of loyalty owed the client, but also against abuse of the adversary system and resulting harm to the public at large.
Greene v. Greene, 47 N.Y.2d 447, 451 (1979) (citations omitted).
Before representing multiple clients with actual or potentially conflicting interests, a lawyer must adequately explain to each client the implications of the common representation and otherwise provide information sufficient to permit each client to appreciate the significance of the potential conflict and its possible effect on the attorney's ability to exercise independent professional judgment on behalf of the clients. The lawyer should accept or continue employment only if each client consents to the representation. See Anderson v. Nassau County Dep't of Corrections, 376 F. Supp. 2d 294, 299 (E.D.N.Y. 2005) (holding that an attorney has an affirmative obligation to disclose and explain a conflict and to obtain consent). The sophistication of the client is a factor in determining the effectiveness of the client's consent. See N.Y. City 2001-2 ("A client represented by other counsel or in house counsel in connection with the waiver may more readily comprehend the possible effects on loyalty and confidentiality of the simultaneous adverse representation. To be sure, sophisticated corporate and institutional clients can consent to conflicts which might be non-consentable in cases involving unsophisticated lay clients who are not represented by independent counsel in connection with the consent.").
A lawyer's possession of confidential information of one client that may be relevant to a matter the lawyer is handling for another client does not automatically create a conflict of interest. The existence or absence of a conflict will depend on whether the lawyer is able to avoid using one client's confidential information in the representation of another client and whether possession of that information may reasonably affect the lawyer's independent professional judgment in the representation of the other client. See N.Y. City 2005-2.
Q. When may a lawyer represent a client with interests adverse to those of a former client?
A. Successive representation is permitted when there is no conflict between the interests of the former and current clients (under Rule 1.9) or when written waiver of the conflict has been obtained. Under Rule 1.9, all conflicts arising out of successive adverse representation may be waived by "informed consent, confirmed in writing" by the former client. But see N.Y. State 829 (oral waivers obtained before April 1, 2009 need not subsequently be confirmed in writing).
Where successive representation is permitted, Rule 1.9 requires attorneys to refrain from disclosing the confidences of their former clients or otherwise using them to the disadvantage of those clients. The following discussion pertains to lawyers in private practice only. Rule 1.11 governs conflicts involving government lawyers and should be consulted for guidance in addressing conflicts in those circumstances.
In some instances, there may be a threshold question of whether there has been a prior representation, i.e., whether the attorney "formerly represented" a person as a client in an earlier matter. SeeWorld Hill Ltd. v. Saar, No. 116916/07, 2009 NY Slip Op. 52289U, at *4 (N.Y. Sup. Ct. Nov. 6, 2009) (finding no conflict under 1.9 where no attorney-client relationship was formed in the prior, allegedly substantially related matter). In World Hill, the court denied a disqualification motion based on an alleged prior representation, holding that "[i]t is well settled that '[t]o determine whether an attorney-client relationship exists, a court must consider the parties' actions. An attorney-client relationship is established when there is an explicit undertaking to perform a specific task. While the existence of the relationship is not dependent upon the payment of a fee or an explicit agreement, a party cannot create the relationship based on his or her own beliefs or actions'." Id. at *3 (quoting Pelligrino v. Oppenheimer & Co., 49 A.D.3d 94, 99 (1st Dep't 2008)) (second alteration in original).
The second inquiry is whether the current and prior representations involve the same or a "substantially related matter." See Rule 1.9(a), 1.9(b). The comments to Rule 1.9 explain that "[m]atters are substantially related" if they involve the same transaction or legal dispute or if, under the circumstances, a reasonable lawyer would conclude that there is otherwise a substantial risk that confidential factual information that would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter.See Rule 1.9, Comment . The comments further note that the passage of time may be relevant in determining whether matters are substantially related, as "[i]nformation acquired in a prior representation may have been rendered obsolete." Id. Moreover, information that has been disclosed to the public or other adverse parties "ordinarily will not be disqualifying." Where a client is an organization, "knowledge of specific facts . . . relevant to the matter in question" will generally preclude representation, while "general knowledge of the client's policies and practices" will not. Id.
A third consideration is whether the former client's "interests are materially adverse" to those of the prospective client. Rule 1.9(a), 1.9(b)(1). This is also a fact-specific inquiry. See e.g., Tekni-Plex, Inc. v. Meyner & Landis, 89 N.Y.2d 123 (1989) (holding that interests of acquired corporation were materially adverse to interests of selling shareholder in a post-sale dispute regarding the corporation's pre-sale environmental compliance).
There is no prohibition or restriction on successive adverse representations involving unrelated matters or related matters where the interests of the former and current clients are not materially adverse.
If both the "substantially related" and "materially adverse" prongs are satisfied, a lawyer must next consider the extent of her involvement or connection to the prior matter. Pursuant to Rule 1.9(a), where the lawyer herself has represented the former client, she may not take on the new matter unless the former client "gives informed consent, confirmed in writing." Moreover, pursuant to Rule 1.10, Imputation of Conflicts of Interest, no lawyer associated with the conflicted lawyer may accept the engagement. Rule 1.10(a) ([w]hile lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rule . . . 1.9, except as otherwise provided therein").
To obtain the informed consent required by the rule, a lawyer must adequately explain to the former client "the material risks of the proposed course of conduct and reasonably available alternatives." Rule 1.0(j).
(iii) a statement by the person made on the record of any proceeding before a tribunal.
Rule 1.0(e). A "writing" under the rules denotes a "tangible or electronic record of a communication" and broadly includes "handwriting, typewriting, printing photocopying, photography, audio or video recording and email." Rule 1.0(x).
Conflict issues involving successive adverse representation often arise after a lawyer switches firms and her prior law firm represented a client adverse to a current or prospective client of her new firm.
This situation requires examination of the lawyer's involvement in the prior law firm's representation of the former client in order to determine whether the former client's informed consent is necessary to permit the lawyer and/or her new firm to continue representing a current client or to undertake the representation of a new client. See Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp. 518 F.2d 751, 756 (2d Cir. 1975) ( construing the predecessor rule; the test differentiates between "lawyers who become heavily involved in the facts of a particular matter and those who enter briefly on the periphery for a limited and specific purpose relating solely to legal questions.").
Lawyer's obligations if representation is permitted and undertaken.
Where a successive representation is permitted, certain obligations to a former client remain. Under Rule 1.9(c)(2), a lawyer may not reveal confidential information of the former client protected by Rule 1.6 except as the Rules otherwise permit or require with respect to a current client.
consists of information gained during or relating to the representation of a client, whatever its source, that is (a) protected by the attorney-client privilege, (b) likely to be embarrassing or detrimental to the client if disclosed, or (c) information that the client has requested to be kept confidential.
use confidential information of the former client protected by Rule 1.6 to the disadvantage of the former client, except as these Rules would permit or require with respect to a current client or when the information has become generally known.
Rule 1.9(c)(1) (emphasis added.) See alsoJamaica Pub. Serv. Co. v. AIU Ins. Co., 92 N.Y.2d 631, 637-38 (1998) (noting exception to client information that is generally or publicly known under former DR 5-108(A)(1).) The prohibition against use of confidential information remains fully applicable even if the lawyer is able to use the information without disclosing it to others.
Q. When a client fails to pay its legal bills, may a lawyer withdraw from the representation, and if so, how? Can the lawyer retain the file until the bills are paid? Even after bills are settled, may a lawyer refuse the client access to portions of the file?
A. General summary. A lawyer generally may withdraw from the representation when the client fails to pay the lawyer's fees, but must take steps to the extent reasonably practicable to avoid foreseeable prejudice to the rights of the client. See Rule 1.16(c)(5), (e). In litigation proceedings, court rules commonly require consent of court before withdrawing. The exercise of retaining liens has been approved as an ethical matter, but their precise contours are questions of law, not ethical command. The client is presumptively afforded full access to the attorney's entire file, with narrow exceptions.
Except as stated in paragraph (d), a lawyer may withdraw from representing a client when . . .
(5) the client deliberately disregards an agreement or obligation to the lawyer as to expenses or fees. . .
Rule 1.16 (c)(5). The requirement that the client "deliberately disregard" an obligation to pay fees and expenses means that the failure must have been conscious, not inadvertent, and not de minimis in either amount or duration. See N.Y. State 598 (1989). In that connection, a number of courts and ethics opinions have found that prior to withdrawal for nonpayment of fees, a lawyer first must ask the client to honor her payment obligations and warn the client that the lawyer will withdraw unless the fees are paid. See ABA/BNA Lawyers' Manual on Professional Conduct 31:1108 (2006); see also N.Y. State 598 (1989) (attorney must provide "clear notice to the client of the attorney's desire to withdraw"). In addition, when a client has a bona fide dispute with her lawyer regarding the amount of the fees due and owing, some courts have suggested that the dispute should not be regarded as a deliberate disregard of the client's obligations. See Dar v. Nadel & Assocs., P.C., 2004 N.Y. Slip Op. 51390(U), at *4 (N.Y.City Civ. Ct. Kings County No. 3379/04, 2004), available at 2004 WL 2624612 ("[d]isputing the amount owed is not a refusal to pay").
upon termination of representation, a lawyer shall take steps, to the extent reasonably practicable, to avoid foreseeable prejudice to the rights of the client, including giving reasonable notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, promptly refunding any part of a fee paid in advance that has not been earned and complying with applicable laws and rules.
Rule 1.16(e). Further, in litigation matters, permission of court is required as a matter of course under applicable rules of procedure, seee.g., N.Y. C.P.L.R. 321(b), which are incorporated into the Rules. See Rule 1.16(d) ("If permission for withdrawal from employment is required by the rules of a tribunal, a lawyer shall not withdraw from employment in a matter before that tribunal without its permission. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.").
Retaining liens . Retaining liens provide certain rights to retain, until the lawyer's fees and expenses are paid, a client's papers, money, and other property that have come into the lawyer's possession in the course of the lawyer's professional employment. Ethics opinions have approved the exercise of a retaining lien to the extent such a lien is permitted by law. See, e.g.,N.Y. City 82-74 (file); N.Y. State 567 (1984) (money); N.Y. County 678 (general but restricted right); Nassau County 90-5 (wills while client is alive); see also Rule 1.15(c)(4) (requiring return of property "that the client … is entitled to receive"); Rule 1.8(i)(1) (charging liens permitted).
"Because the retaining lien is such a powerful weapon, both ethics committees and courts have placed limitations on the circumstances in which it can be exercised." N.Y. County 678; see also Shoe Show, Inc. v. Launzel, No. 92-CV-2794, 1993 WL 150322, at *1 (E.D.N.Y. May 3, 1993) ("An exception to the attorney's right to a retaining lien may be found, in the court's discretion, where the client has made a clear showing of: (1) a need for the documents, (2) prejudice that would result from the denial of access to the papers, and (3) inability to pay the legal fees or post a reasonable bond"). The precise scope of a lawyer's right to assert a retaining lien presents questions of law. See N.Y. City 82-74. See generally ABA/BNA Lawyers' Manual on Professional Conduct 41:2102-2111 (1992); Rotker v. Rotker, 195 Misc. 2d 768, (N.Y.Sup. Ct., Westchester County 2003).
Counsel retained by insurance company . A number of courts have held that where counsel is retained by the client's insurance carrier and the carrier fails to pay counsel, counsel's rights to withdraw and exercise a retaining lien may be more limited than when the client alone is responsible for, but does not pay, the attorney's fees. SeeDennis v. Young, 106 A.D. 2d 762, 763 (3d Dept. 1984) (counsel could not withdraw at least until dispute over coverage decided);Turzio v. Ravenhall, 34 Misc. 2d 17, 18 (N.Y. City Ct., Kings County. 1962) (counsel could not exercise retaining lien). But see Cullen v. Olins Leasing, Inc., 91 A.D. 2d 537, 537 (1st Dept. 1982) (insurance company insolvent, lawyer permitted to withdraw).
Scope of Retention of Legal Files . Upon termination of the attorney-client relationship, where no claim for unpaid legal fees is outstanding, the client is presumptively accorded full access to the entire client file, with narrow exceptions. See Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn, L.L.P., 91 N.Y.2d 30, 34 (1997). In Sage Realty, the Court of Appeals held that (1) counsel's former client is entitled to inspect and copy any documents which relate to the representation and are in counsel's possession, absent "substantial grounds" for counsel to refuse access (abrogating Zackiva Commcn's Corp. v. Milberg Weiss Bershard Specthrie & Lerach, 223 A.D.2d 417, (1st Dep't 1996)); (2) a law firm is not required to disclose documents that might violate a duty of nondisclosure owed to a third party, or otherwise imposed by law, or firm documents intended for internal law office review and use; and (3) generally, unless the law firm has already been paid for assemblage and delivery of documents to the client, performing that function is properly chargeable to the client.
Q. Under what circumstances may a lawyer or law firm enter into an "of counsel" relationship with another lawyer or law firm?
A. Under the Rules, lawyers or law firms may hold themselves out as "of counsel" to another lawyer or law firm, provided: (1) they have "a continuing relationship with [that] lawyer or law firm, other than as a partner or associate" (Rule 7.5(a)(4)); and (2) the use of the "of counsel" title is not false or misleading in other respects. (Rule 7.2, cmt.  ("In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be scrupulous in the representation of professional status.")).
A "continuing relationship" is regularly defined as a "close, regular, personal relationship." See N.Y. City Formal Op. 1996-8; ABA Formal Op. 90-357 (holding that use of "the title 'of counsel,' or variants of that title, in identifying the relationship of a lawyer or firm with another lawyer or firm is permissible as long as the relationship between the two is a close, regular, personal relationship and the use of the title is not otherwise false or misleading"); see also N.Y. State Ethics Op. 793 (2006) (of counsel lawyer must be "available to the firm for consultation and advice on a regular and continuing basis"). An "of counsel" relationship must be more than "a relationship involving only occasional collaborative efforts among otherwise unrelated lawyers or firms." ABA Formal Op. 90-357.
whether the lawyer's relationship with the firm is extremely limited, such a relationship that involves only the referral of business or occasional consulting.
N.Y. City Formal Op. 2013-3. Because "of counsel" relationships vary significantly from firm to firm, the fact that some of these elements are not present in a particular relationship (or that other elements not listed above are present) does not necessarily make the of counsel designation inappropriate. See id.; N.Y. State Ethics Op. 936 (2012) (no "fixed set of a few factors will answer the question whether a relationship is sufficiently close, regular and personal as to justify any form of 'counsel' designation"). Conversely, the existence of a particular factor or combination of factors does not conclusively determine that an "of counsel" relationship is appropriate. See N.Y. City Formal Op. 2013-1; N.Y. City Formal Op. 1995-8 ("sharing of space and availability for consultation on a regular basis are strongly indicative of the requisite closeness of relationship, but not conclusive absent closeness, regularity and a personal dimension in the relationship").
In addition, as noted above, the "of counsel" title must not be false or misleading in other respects. See N.Y. City Formal Op. 2013-3. In deciding whether to use the "of counsel" title, lawyers and law firms should give due consideration to the policies underlying the relevant ethics opinions and rules – namely to protect the public from being misled about the relationship between the law firm and the of counsel attorney. See id.; N.Y. State Ethics Op. 955 (2012) ("Ethics committees have set forth criteria for use of particular designations such as 'of counsel' so as to avoid the risk of misleading the public."). By using the "of counsel" designation, both the law firm and the lawyer are conveying to the public that the lawyer's continuing relationship with the firm is close, regular, and personal. N.Y. City Formal Op. 2013-3; N.Y. State Ethics Op. 793. Where these characteristics are absent, the public – including potential clients – may be misled or harmed. N.Y. Formal Op. 2013-3.
Q. Is an "of counsel" attorney required to be compensated by any particular method?
No. The method of compensation "is not relevant" to whether a lawyer may be designated as "of counsel." N.Y. City Formal Op. 1996-8. An attorney who is paid "per diem" and "does not work exclusively for the firm" may be designated as "of counsel" to the firm. Id.
Q. May a law firm be "of counsel" to another law firm or lawyer?
A. Yes. See Rule 7.5(a)(4) ("a lawyer or law firm may be designated 'Of Counsel'"); N.Y. City Formal Op. 1995-8; ABA Formal Op. 90-357; see also N.Y. State Ethics Op. 793 (2006) (shown in hypothetical).
Q. May a lawyer be "of counsel" to more than one law firm at the same time?
A. Yes. See ABA Formal Op. 90-357; see also N.Y. City Formal Op. 1996-8; N.Y. State Ethics Op. 793 (2006). There is, however, "some point at which the number of relationships would be too great for any of them to have the necessary qualities of closeness and regularity, and that number may not be much beyond two." ABA Formal Op. 90-357; accord N.Y. State Ethics Op. 793 n.1 (2006); N.Y. City Formal Op. 1996-8.
Q. May a partner of one law firm simultaneously be "of counsel" to another law firm?
A. Yes, although it is "not usual, for a lawyer to satisfy the requirements to serve as both a partner in one firm and 'of counsel' to another." See N.Y. City Formal Op. 1995-9. The Committee has opined that these requirements is likely satisfied when, for tax reasons, an attorney who is based in Washington, D.C. and is partner in a New York law firm changes his status to become "of counsel" to the New York firm while simultaneously becoming a partner in a newly-formed D.C. partnership with those same New York partners. Id.
Q. May a New York law firm designate as "of counsel" a New York lawyer who resides and practices overseas?
A. A New York law firm may designate as "of counsel" a lawyer who is licensed to practice law in New York but resides and practices law mainly in a foreign country provided that the "of counsel" designation satisfies three conditions. See N.Y. City Formal Op. 2013-3.
First, the "of counsel" lawyer must have a "continuing relationship" with the law firm as required by Rule 7.5(a)(4). Id.; see also N.Y. City Formal Op. 1996-8 (an "of counsel" attorney must have a "close, continuing, regular and personal" relationship with the law firm). The criteria for assessing whether a "continuing relationship" exists are discussed in the first FAQ above.
Second, the use of the "of counsel" title must not be false or misleading in other respects. N.Y. City Formal Op. 2013-3; see also Rule 7.5, Cmt.  ("In order to avoid the possibility of misleading persons with whom a lawyer deals, a lawyer should be scrupulous in the representation of professional status."). The policies behind this requirement are discussed in the first FAQ above.
Third, the "of counsel" lawyer's practice must not constitute the unauthorized practice of law in the foreign country. N.Y. City Formal Op. 2013-3; see also Rule 5.5(b) ("A lawyer shall not aid a nonlawyer in the unauthorized practice of law"). The question of whether an attorney's conduct constitutes the unauthorized practice of law is an issue of substantive law and, thus, beyond the scope of the Committee's jurisdiction.
Q. How are conflicts imputed among "of counsel" lawyers and law firms?
A. In any "of counsel" relationship, conflicts are ordinarily imputed to and through the "of counsel" lawyer or law firm to the other lawyer or law firm. See N.Y. State Ethics Op. 793 (2006); N.Y. City Formal Op. 1996-8; see also N.Y. State Ethics Op. 773 (2004) (if lawyer serving on municipal board cannot appear before the board, a law firm to which the lawyer is "of counsel" is also barred); cf. Adv. Comm. Jud. Ethics 06-22 (if judge's personal attorney is "of counsel" to a law firm, the judge must also exercise recusal when members of the law firm appear before the judge "[i]f it is a continuing counsel relationship, evidenced, for example, by a shared letterhead and other indicia, rather than merely a retainer interest in occasional, discrete, separate cases").
Where a lawyer has an "of counsel" relationship with three law firms, conflicts of one firm are imputed to the other two. See ABA Formal Op. 90-357 ("[T]he effect of two or more firms sharing an of counsel lawyer is to make them all effectively a single firm, for purposes of attribution of disqualifications."); see also Nemet v. Nemet, 112 A.D.2d 359, 360 (2d Dep't 1985) (upholding disqualification based on the appearance of impropriety "evident in the 'of counsel' arrangement between these attorneys"); N.Y. City Formal Op. 2000-4 (extending the "of counsel" analysis to "affiliated" firms).
Q. Is a law firm permitted refer to its "of counsel" lawyers on professional notices, letterheads and signs?
A. Yes, subject to the usual restrictions on lawyer speech. See Rule 7.5(a)(4); N.Y. County Ethics Op. 727 (1999) (law firm may indicate on its letterhead that a lawyer "of counsel" to the firm is a retired judge, as long as the representation is truthful, not misleading, and does not suggest that the firm has improper influence over a tribunal, legislative body, or public official); see generally Rules 7.1-7.5.
Q. Is a law firm required refer to its "of counsel" lawyers on professional notices, letterheads and signs?
No. An "of counsel" attorney's name need not be listed on firm letterhead, and as long as the attorney's name does not so appear, there is no ethical requirement that the attorney's "of counsel" status be mentioned in connection with the attorney's signature. See N.Y. County Ethics Op. 662 (1984). However, if the "of counsel" attorney's name does appear on firm letterhead, the nature of the relationship should be disclosed. Id.
A business card need not indicate an attorney's "of counsel" status. See N.Y. County Ethics Op. 682 (1990).
Q. How are "of counsel" lawyers treated for purposes of sharing fees?
A. Under Rule 1.5(g), fee splitting between lawyers who are neither partners nor associates is subject to certain limitations. The rule does not address fee splitting in the context of an "of counsel" relationship. Nonetheless, the Committee has concluded that where an "of counsel" lawyer is to receive a percentage of the fees paid by a client directly to the affiliated lawyer or law firm, the "of counsel" lawyer should be deemed an associate for purposes of the rule and the limitations do not apply. See N.Y. City Formal Op. 1996-8 n.2; see also Gold v. Katz, 193 A.D. 2d 566, 566 (1st Dep't 1993) (upholding fee splitting arrangement where "plaintiff, although listed as 'Of Counsel' to the firm, nevertheless had a 'fixed link' to it as one who 'regularly participate[d]' in its work, and thus should be deemed an 'associate' of the firm not subject to the prohibition against fee splitting").
Q. What rules govern attorney advertisements and solicitations under New York's Rules of Professional Conduct?
A. Under the Rules of Professional Conduct, an advertisement is a public or private communication made by, or on behalf of, a lawyer or law firm, about that lawyer or law firm's services, the primary purpose for which is the retention of the lawyer or law firm, except communications to current clients or other lawyers. Rule 1.0(a).
A. Communications to existing clients or other lawyers are not advertisements. Rule 1.0(a). A lawyer may write for publication on legal topics (or speak publicly) without affecting the right to accept employment so long as the lawyer does not undertake to give individual advice. Rule 7.1(r). In this context, "without affecting the right to accept employment" means that lawyers may ethically obtain business by giving speeches and writing articles about law.
Any email containing attorney advertising must contain in the subject line the notation "ATTORNEY ADVERTISING." Rule 7.1(f).
Every advertisement other than those appearing in a radio, television or billboard advertisement, in a directory, newspaper, magazine or other periodical (and any website related thereto) or made in person under Rule 7.3(a)(1) must be labelled "Attorney Advertising" on the first page, or on the home page in the case of a website. Rule 7.1(f). A self-mailing brochure or postcard also must contain the words "Attorney Advertising." Rule 7.1(f).
utilize meta tags or other hidden computer codes that, if displayed, would violate the Rules.
Q.What information may be included in attorney advertising under the Rules?
statements describing or characterizing the quality of the lawyer's or law firm's services.
A lawyer who is certified as a specialist in a particular area of law or practice by a private organization approved for that purpose by the American Bar Association may state the fact of certification if, in conjunction therewith, the certifying organization is identified and the following statement is prominently made: "The [name of the private certifying organization] is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.
A lawyer who is certified as a specialist in a particular area of law or practice by the authority having jurisdiction over specialization under the laws of another state or territory may state the fact of certification if, in conjunction therewith, the certifying state or territory is identified and the following statement is prominently made: "Certification granted by the [identify state or territory] is not recognized by any governmental authority within the State of New York. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.
the advertisement does not contain statements or claims that are false, deceptive or misleading, or otherwise violate a Rule; it can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated; and it is accompanied by the disclaimer, "Prior results do not guarantee a similar outcome." Rule 7.1(d)(e).
An advertisement may use statements that compare the lawyer's services with the services of other lawyers only if the statements can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated, the advertisement is not false, deceptive or misleading, and does not otherwise violate the Rules, and the comparative statement is accompanied by the disclaimer "Prior results do not guarantee a similar outcome." Rule 7.1(e).
An advertisement may include statements that are reasonably likely to create an expectation about the results a lawyer can achieve only if the statements can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated, the advertisement is not false, deceptive or misleading, and does not otherwise violate the Rules, and the comparative statement is accompanied by the disclaimer "Prior results do not guarantee a similar outcome." Rule 7.1(e).
A. A lawyer or law firm must retain copies of all advertisements for a period of not less than three years following initial dissemination, except that copies of advertisements contained in a computer-accessed communication shall be retained for not less than one year. Rule 7.1(k).
A lawyer or law firm may use a domain name for an internet web site that does not include the name of the lawyer or law firm, provide that all pages of the web site clearly and conspicuously include the actual name of the lawyer or law firm; the lawyer or law firm in no way attempts to engage in the practice of law by using the domain name; the domain name does not imply an ability to obtain results in a matter; and the domain name does not otherwise violate the Rules. Rule 7.5(e).
A lawyer who assumes a judicial, legislative or public executive or administrative post or office may not permit the lawyer's name to remain in the name of the law firm or to be used in professional notices of the firm during any significant period in which the lawyer is not actively and regularly practicing law as a member of the firm, and during such period, other members of the firm cannot use the lawyer's name in the firm name, or in professional notices of the firm. Rule 7.5(b).
A. No. Rule 7.5(b). See generally New York County Lawyers' Association, Committee on Professional Ethics, Question No. 677, p. 2, March 30, 1990. The NYCLA opinion reviews decisional law: In re Shephard, 92 AD2d 978 (3d Dep't 1983) (use of the name "The People's Law Firm of Jan L. Shephard" is improper since it implies that the firm is publicly supported or provides free legal services); but see In Re von Wiegen, 63 N.Y. 2d 163 (1984) (using the motto "The Country Lawyer" was not improper when the lawyer's own name was inserted in addition to the motto, because there was no potential for deception about the identity of the lawyer in question).
A. Solicitations by in-person or telephone contact, or real-time or interactive computer-accessed communication are prohibited unless the recipient is a close friend, relative, former client or existing client.
In addition, no unsolicited communication is permitted to any individual injured in the accident or to a family member or legal representative of such an individual, by a lawyer or law firm, or by any associate, agent, employee or other representative of a lawyer or law firm representing actual or potential defendants or entities that may defend and/or indemnify said defendants, before the 30th day after the date of the incident, unless a filing must be made within 30 days of the incident as a legal prerequisite to the particular claim, in which case no unsolicited communication is permitted before the 15th day after the date of the incident. Rule 4.5(a).
A retainer agreement may be provided along with a solicitation only if the top of each page is marked "SAMPLE" in red ink in a type size equal to the largest type size used in the agreement and the words "DO NOT SIGN" appear on the client signature line. Rule 7.3(g).
If a lawyer or law firm advertises a fixed fee for specified legal services, or performs services described in a fee schedule, the lawyer may not charge more than the fixed fee for such stated legal services as set forth in the advertisement or fee schedule, unless the client agrees in writing that the services performed or to be performed were not legal services referred to or implied in the advertisement or in the fee schedule and, further, that a different fee arrangement shall apply to the transaction.
Unless otherwise specified, if a lawyer broadcasts any fee information authorized under Rule 7.1, the lawyer is bound by any representation made therein for a period of not less than 30 days after such broadcast.
Unless otherwise specified in the advertisement, if a lawyer publishes any fee information authorized under Rule 7.1 in a publication that is published more frequently than once per month, the lawyer is bound by any representation made therein for a period of not less than 30 days after such publication. If a lawyer publishes any fee information authorized under Rule 7.1 in a publication that is published once per month or less frequently, the lawyer is bound by any representation made therein until the publication of the succeeding issue. If the lawyer publishes any fee information authorized under Rule 7.1 in a publication that has no fixed date for publication of a succeeding issue, the lawyer is bound by any representation made therein for a reasonable period of time after publication, but in no event less than 90 days.
Please note that the following questions and answers are designed to assist the Bar in identifying the issues and relevant disciplinary rules pertaining to attorney advertising and solicitations. Counsel are advised in all cases to consult the Rules of Professional Conduct to determine whether the applicable Rules are satisfied. Please also note that certain Rules governing attorney advertising are the subject of pending litigation. See Alexander v. Cahill, 2007 U.S. Dist. LEXIS 53602 (N.D.N.Y. 2007) (appeal pending) The Committee does not opine on the likely outcome of litigation involving challenges to the Rules, which may affect your obligations.
Q. What rules govern attorney advertisements and solicitations under New York 's Rules of Professional Conduct?
Solicitations must also comply with the additional requirements of Rule 7.3.
A. Under the Rules of Professional Conduct, an advertisement is a public or private communication made by, or on behalf of, a lawyer or law firm, about that lawyer or law firm's services, the primary purpose for which is the retention of the lawyer or law firm. Rule 1.0(a).
A. A solicitation is a kind of advertisement, one directed to or targeted at a specific recipient or group of recipients, and a significant motive for which is pecuniary gain.
A solicitation is an advertisement initiated by, or on behalf of, a lawyer or law firm that is directed to, or targeted at, a specific recipient or group of recipients, or their family members or legal representatives, the primary purpose for which is the retention of the lawyer or law firm, and a significant motive for which is pecuniary gain. Rule 7.3(b).
Q. Can I send articles, updates or speeches I have written to existing clients or other lawyers?
A. Communications to existing clients or other lawyers are not advertisements. Rule 1.0(a). A lawyer may write for publication on legal topics (or speak publicly) without affecting the right to accept employment so long as the lawyer does not undertake to give individual advice. Rule 7.1(r).
Q. Can I send articles, updates or speeches I have written to prospective clients?
Every advertisement other than those appearing in a radio, television or billboard advertisement, in a directory, newspaper, magazine or other periodical (and any website related thereto) or made in person under Rule 7.3(a)(1) must be labeled "Attorney Advertising" on the first page, or on the home page in case of a website. Rule 7.1(f). A self-mailing brochure or postcard also must contain the words "Attorney Advertising." Rule 7.1(f).
A. Attorney advertising can include a nickname, moniker or motto or trade name only if that nickname, moniker, motto or trade name does not imply an ability to obtain results in a matter. Rule 7.1(c)(7). A lawyer or law firm may use a telephone number which contains a domain name, nickname, moniker or motto that does not otherwise violate the Rules. Rule 7.5(f).
A. A lawyer or law firm may use a domain name for an internet web site that does not include the name of the lawyer or law firm, provide that all pages of the web site clearly and conspicuously include the actual name of the lawyer or law firm; the lawyer or law firm in no way attempts to engage in the practice of law by using the domain name; the domain name does not imply an ability to obtain results in a matter; and the domain name does not otherwise violate the Rules. Rule 7.5(e).
A. Lawyers cannot hold themselves out as having a partnership with one or more lawyers unless they are in fact partners. Rule 7.5(c). Similarly, a lawyer cannot imply that lawyers are associated in a law firm if that is not the case. Rule 7.1(c)(3).
A. A lawyer in private practice cannot practice under a trade name or a name that is misleading as to the identity of the lawyer or lawyers practicing under such a name, or containing names other than those of one or more of the lawyers in the firm. Rule 7.5(b).
A. If otherwise lawful, a law firm may use as, or continue to include in its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession. Rule 7.5(b).
A. A lawyer who assumes a judicial, legislative or public executive or administrative post or office may not permit the lawyer's name to remain in the name of the law firm or to be used in professional notices of the firm during any significant period in which the lawyer is not actively and regularly practicing law as a member of the firm, and during such period, other members of the firm cannot use the lawyer's name in the firm name, or in professional notices of the firm. Rule 7.5(b).
A. A lawyer or law firm may publicly identify one or more areas of law in which the lawyer or law firm practices, or may state that the practice of the lawyer or law firm is limited to one or more areas of law.
A. An advertisement that otherwise complies with the Rules may include a paid endorsement of or testimonial about a lawyer or law firm only if the advertisement discloses that the person is being compensated therefor (Rule 7.1(c)(2)); the endorsement or testimonial does not come from a client with respect to a matter that is still pending (Rule 7.1(c)(1)); the advertisement does not contain statements or claims that are false, deceptive or misleading, or otherwise violate a Rule; it can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated; and it is accompanied by the disclaimer, "Prior results do not guarantee a similar outcome." Rule 7.1(d)(e).
A. An advertisement that otherwise complies with the Rules may use actors or fictionalized events or scenes provided that the advertisement discloses their use. Rule 7.1(c)(4).
A. An advertisement may use statements that compare the lawyer's services with the services of other lawyers only if the statements can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated, the advertisement is not false, deceptive or misleading, and does not otherwise violate the Rules, and the comparative statement is accompanied by the disclaimer "Prior results do not guarantee a similar outcome." Rule 7.1(e).
A. An advertisement may include statements that are reasonably likely to create an expectation about the results a lawyer can achieve only if the statements can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated, the advertisement is not false, deceptive or misleading, and does not otherwise violate the Rules, and the comparative statement is accompanied by the disclaimer "Prior results do not guarantee a similar outcome." Rule 7.1(e).
A. Only advertisements that are also solicitations must be filed with a disciplinary committee. Rule 7.3(b),(c).
A. All solicitations directed to a recipient in the State of New York must be filed with the appropriate disciplinary committee. The filing shall consist of a copy of the solicitation, a transcript of the audio portion of any radio or television solicitation and, if the solicitation is in a language other than English, an accurate English-language translation.
The filing requirement does not apply to solicitations directed or disseminated to a close friend, relative, or former or existing client; a web site maintained by the lawyer or law firm, unless the web site is designed for and directed to, or targeted at, a prospective client affected by an identifiable actual event or occurrence or by an identifiable prospective defendant; or professional cards or other announcements authorized by Rule 7.5(a).
A. Copies of solicitations are to be filed with the attorney disciplinary committee of the judicial district or judicial department wherein the lawyer or law firm maintains its principal office. Where no such office is maintained, the filing shall be made in the judicial department where the solicitation is targeted. Rule 7.3(c).
A. No solicitation relating to a specific incident involving potential claims for personal injury or wrongful death is permitted before the 30th day after the date of the incident, unless a filing must be made within 30 days of the incident as a legal prerequisite to the particular claim, in which case no unsolicited communication is permitted before the 15th day after the date of the incident. Rule 7.3(e).
A. A retainer agreement may be provided along with a solicitation only if the top of each page is marked "SAMPLE" in red ink in a type size equal to the largest type size used in the agreement and the words "DO NOT SIGN" appear on the client signature line. Rule 7.3(g).
A. A lawyer or law firm advertising any fixed fee for specified legal services must, at the time of fee publication, have available to the public a written statement clearly describing the scope of each advertised service, which statement must be available to the client at the time of retainer for any such service. Such legal services must include all those services that are recognized as reasonable and necessary under local custom in the area of practice in the community where services are performed. Rule 7.1(j).
A. If a lawyer or law firm advertises a range of fees or an hourly rate for services, the lawyer or law firm cannot charge more than the fee advertised for such services.


Greg Kessinger started the topic Something Crunchy in the forum What Is It?
Greg Kessinger started the topic Something fishy in the forum What Is It?
You can find fossilized Clam shells with calcite crystals in the interiors in Fort Drum Crystal mine. The mine about 1 and a half hour drive north from Palm Springs. They do charge admission, about $60 per adult. At one point you could go collectiong in the pit, but now you can only collect from the rock piles. This is their website: http://www.thefortdrumcrystalmine.com/ . You should probably call them first to make sure they're open. If you are looking for a nearer site, there is a road cut in Palm Beach on Country Club road. This site isn't particularly great for collecting, but you can see burrows and coral fossils. Here is some more information on it: http://www.geosciences.fau.edu/events/virtual-field-trips/anastasia/palm-beach-road-cut.php .


text:
Rep. Anthony Weiner: 'The Picture Was of Me and I Sent It'
Texas woman claims risqué online chats and photo swaps with Weiner.
By CHRIS CUOMO, CHRIS VLASTO and DEVIN DWYER
June 6, 2011, 6:34 PM
Real Deal: 'Weiner-Gate' in 2 Minutes
The fast facts on the Anthony Weiner sex scandal.
June 6, 2011— -- Rep. Anthony Weiner of New York said today he has engaged in "several inappropriate" electronic relationships with six women over three years, and that he publicly lied about a photo of himself sent over Twitter to a college student in Seattle over a week ago.
"I take full responsibility for my actions," Weiner said. "The picture was of me, and I sent it."
The announcement came as ABC News prepared to release an interview with Meagan Broussard, a 26-year-old single mother from Texas who provided dozens of photos, emails, Facebook messages and cell phone call logs that she says chronicle a sexually-charged electronic relationship with Weiner that rapidly-evolved for more than a month, starting on April 20, 2011.
View an exclusive slideshow of images obtained by ABC News.
ABC News reached out to Weiner earlier today for comment about his possible ties to Broussard, but he did not respond to requests for an interview. At a press conference later, Weiner confirmed Broussard was one of the women with whom he sexted.
Broussard's story had threatened to expose the secret online life of one of the House Democrats' most popular members, and a man many considered a leading candidate for mayor of New York City.
It also raised new questions about Weiner's explanation for how a photo of a man's groin area ended up on his public Twitter feed on May 27. Today the congressman said he accidentally sent the image to a woman, Gennette Cordova, who was following him on Twitter, as a joke.
"I just chuckled," Broussard, a nursing student, said of her reaction to Weiner's initial response to the Twitter incident. "It would be one thing if he came out and said, 'Hey, so what?' But now he's saying he got hacked?"
Broussard said she received the same photo of a man's crotch on May 18 in an email from a man who she then believed was Weiner.
Weiner told ABC News last week that the Twitter incident was a "prank" on him, but he neither confirmed nor denied at the time that the photo depicted his body. "I am reluctant to say anything definitively about this," he said of the photo.
Broussard, who describes herself as disinterested in politics and previously unaware of Weiner, said that she has never met the congressman in person and doesn't "think he's a bad guy." And, she said, she participated in risque online chats -- as she has done with other men online -- with the man she presumed to be Weiner.
During one flirtatious Facebook chat last month, Broussard said, she issued the man on the other end a challenge.
"I asked him to take a picture and write 'me' on it so I would know," Broussard said in an interview.
The reply, she says, came moments later. Email records provided to ABC News by Broussard show that at 3:08 p.m. on May 5th she received a message from anthonyweiner@aol.com, which is listed as an email address for Weiner on one campaign document found online.
The message included an image of a man, who appears to be Weiner, sporting a tie and a wedding band, holding up the message "me" on a piece of white paper.
"I didn't think it was him," she says. "I thought for sure, 'why would someone in that position be doing this?'"
Broussard said she wanted to come forward now out of concerns for her own image as an aspiring nurse, and that of her 3-year-old daughter, should her identity be leaked online. More than a dozen photos sent by Broussard to anthonyweiner@aol.com and a second account she believed was Weiner's were obtained and licensed from her by ABC News.
"I have my own life, my own things where I'm from and I just wanted to go ahead with them. I thought I could just be private about it, but there's no reason for me to hide," she said. "I didn't do anything wrong. I don't know him. I'm just putting my story out there before anyone else tries to."
Broussard said she confided about her experiences with several close friends, including one with Republican political ties. The man, whom she declined to identify, encouraged her to share her story with Matt Drudge and conservative blogger Andrew Breitbart.
Breitbart, who first published details of Broussard's story on Biggovernment.com, shared her identity with ABC News.
Weiner Friended Broussard on Facebook
Broussard said her first contact with Weiner occurred on April 20 after she "liked" a YouTube clip of one of Weiner's speeches that had been posted to his Facebook page.
She also commented -- "hottttt" -- on the link, which is still publicly visible on Weiner's page and has received hundreds of other comments from Facebook users.
Weiner "almost immediately" added Broussard as a Facebook friend through his personal profile account, she said. And she accepted his request.
According to Broussard, the two immediately began messaging through Facebook chat, eventually exchanging "hundreds of messages," many of a sexual nature.
Because of how Facebook messaging works, ABC News was not able to view records of the alleged chats.
He would say "just good morning, how are you doing, what are you doing today? What are you wearing? What do you like? You know, in the bedroom, you know, that sort of thing," she said.
During one Facebook chat conversation, Broussard said she voiced uneasiness with the electronic relationship, to which she says Weiner replied, "you are not stalking me....I am stalking you."
In another conversation, Broussard said she asked Weiner, "Why are you so open? I said, I'm not an open book like that."
"He replied, 'I'm an open book. Maybe too open,'" she said.
Occasionally while chatting through Facebook, the two would simultaneously use email to exchange photos, she said.
Two images Broussard received from anthonyweiner@aol.com on May 4 and May 5 show what appears to be Weiner's face.
One, sent under the subject line "Me and the pussys," appears to show Weiner seated on a sofa in an undershirt next to cats; the other appears to depict Weiner in an office holding the white piece of paper. Both appear to have been sent via Blackbery, according to email records.
Later in the month, Broussard received three, more graphic images from the address RockOh77@yahoo.com, which she said was Weiner's online alias.
A Google search for the "RockOh77" email address returns only one website – a profile for the user name on Invisible.ir, which is described as a web tool that allows "hiding your images from others." On the page are three previously-unseen thumbnail photos of a bare-chested man that appears to be Weiner.
On May 18, Broussard received an image from the RockOh77 account that shows a man's erect penis. Two days later, she received a shot of a bare-chested man sitting at an office desk. The man in the photo shares facial features with Weiner, and personal photographs in the background resemble his known aquaintances.
"I don't think he has any control over what he's doing in this area," Broussard said. "I don't think someone can be that open in that amount of time."
The relationship between Broussard and Weiner only ventured out of the digital world once, she said, when a man identifying himself as Weiner called by phone from a number associated with Weiner's New York congressional office on the afternoon of May 18.
"The day he called he just said, 'Who in the world would be acting like me?' laughing about it," she said.
"You're an internet rat, aren't you?" Broussard said she asked him, to which Weiner just sort of giggled.
Then, she says, the conversation got personal. "He heard her [Broussard's daughter] in the background, I think, and he said, 'Oh is that --' and then he said her name, and I said, 'yeah, it's her birthday,' and that kind of freaked me out because you had to pilfer through my Facebook to find out her name."
After they hung up, Broussard said she called the number back to see if it was actually him. A Weiner office receptionist answered, she said. Broussard provided a record of the call to ABC News.
Their last correspondence, she says, was through Facebook message on May 27, just hours before the alleged "hack" of Weiner's Twitter account occurred.
"Are you offline?" Broussard wrote at 3:37 pm. "Crashed back up," Weiner replied at 4:21 pm. Broussard last sent messages via Facebook and email to the man she believed to be Weiner on May 31, but has not received replies.
"I don't think he's a bad guy. I think he's got issues just like everybody else," Broussard said. "Everyone's standards are different, but to be elected to Congress and sit there all day on Facebook and chatting?"

redpajama_set_name: RedPajamaCommonCrawl


text:
AV Gets Interactive
Four strategies that schools should consider before choosing, upgrading, or installing new audiovisual technologies.
By Brad Grimes • April 22, 2019
Illustration by Mengxin Li
BUSINESS ORGANIZATIONS AREN'T the only ones relying more on audiovisual (AV) technologies to support remote collaboration—business schools, too, are adopting more sophisticated and integrated AV systems in their online and face-to-face classrooms to create more global, immersive learning experiences for their students.
At AVIXA, the Audiovisual and Integrated Experience Association, we have found that it's not always easy for schools to narrow down their objectives for AV technology or to choose the right tools for each task. As they move through this process, they might find inspiration in the following four approaches:
Make online interactions more like face-to-face. With its HBX Live virtual classroom, opened in August 2015, Harvard Business School (HBS) in Boston, Massachusetts, wants to reproduce the intimacy and interaction of the physical classroom environment. Participants log in from around the globe to join real- time, case-based sessions with HBS faculty and business leaders. Equipped with a high-resolution video wall that simulates the amphitheater-style seating of a university lecture hall, the space allows up to 60 participants to be displayed simultaneously in a high-definition panoramic view.
Loudspeakers concealed in the video wall replicate face-to-face classroom interaction. If the professor is speaking with a student displayed on one screen and a student displayed on the opposite end of the wall interjects, a spatial audio cue mimics what it would be like if the individuals were in a physical classroom.
"Each student has one unique student- to-professor video feed to simulate the typical conversational perspective, with additional vantage points provided by multiple in-studio cameras," says JoAnn Arcenal, formerly the director of public engagement at McCann Systems, the company that installed HBX Live technology. "From inside the studio, the professor's experience is just as personal and interactive."
Import expert voices from anywhere in the world. At Maryville University's John E. Simon School of Business in St. Louis, Missouri, Erika Rasure, assistant professor of business and financial services, uses AV technology to support collaboration and bring subject- matter experts into her classroom.
For example, Rasure uses platforms such as Google Hangouts and Skype to interview industry experts from around the world—she recently connected with a financial psychologist living in Singapore. She records each interview in her school's AV studio and works with AV staff to professionally edit each interaction; she then makes the interviews available to students in her online and face-to-face classes. So far, she has eight interviews completed, and she plans to create a database of interviews with experts on topics spanning a wider range of disciplines.
"This technology offers a way for us to rethink how we bring guest speakers to our students," says Rasure, "and it helps us expose our students to perspectives they otherwise would not come across."
Enable face-to-face and virtual peer-to-peer collaboration. In the fall of 2019, the Eli Broad College of Business at Michigan State University in East Lansing will open the Minskoff Pavilion, its new building designed to focus on distance learning and collaboration among globally dispersed students. Integral to the building's function will be its Real Engaged and Active Learning (REAL) rooms, where students will be able to work on group projects with other students in the room, with students located in other REAL rooms on campus, or with students elsewhere in the world.
Large flat-panel displays at the front of each REAL room will enable group sharing and team collaboration. The rooms also will feature several breakout pods, each with its own flat-panel display, where smaller groups of students will work and collaborate on individual projects. The students will use Crestron AirMedia, a wireless presentation system, to share content with all members of the team. The college has two specialists on staff who will help faculty with everything from instructional design to effective use of classroom technology.
"What the technology is ultimately doing is sharpening the presentation and teaching process and greatly improving collaboration between the actual and virtual classrooms," says John Wagner, professor and director of building and facilities. "Collaboration is key to educational success, and connectivity is at its core."
Create a fluid learning experience. Looking beyond business schools, the University of Southern California's Viterbi School of Engineering offers more than 37 master's degree programs open to both on-campus and distance learning students. Viterbi leverages AV technology to capture and stream the in-classroom learning environment to students around the world.
Viterbi classrooms are outfitted with high-performance projectors, as well as multiple cameras—one at the rear of the classroom to show professors or their presentations, one overhead to display notes and props, and one positioned to capture the students and their interactions. The footage is streamed live to distance learners.
"You want to ensure that the remote students don't feel like they are in a tech platform, and that the learning experience is free-flowing—that's first and foremost," says Joseph Fusaro, vice president at McCann Systems.
No matter what an educator's goals might be, the most successful AV-powered global classrooms result when schools take these factors into account:
Ease of use. If it is too difficult for educators and students to use the technology, they won't—and the institution won't benefit from its investment. Before considering an AV solution, faculty and students should meet with AV designers to share how they like to teach and learn, how comfortable they are with technology, and how they typically use technology outside the classroom.
Ability to upgrade. Schools should invest in networks that can handle large amounts of data, so that they can more easily upgrade to higher-definition displays, more responsive touch interfaces, and more sophisticated voice controls as new technology becomes available. For example, before installing its technology, Broad College at MSU installed additional channels behind walls to accommodate additional wiring as needed.
The right balance between tech and tradition. The technology complements what is happening in the physical classroom, says Fusaro. It's important "to maintain that balance where the global classroom is an enhancement of the traditional college experience, not a replacement."
The challenge is to choose AV solutions that are flexible enough to fit a wide range of teaching methods and philosophies, without obscuring or overshadowing the learning process. The technology should fall into the background as the professor teaches, the students learn, and the global classroom collaborates.
Brad Grimes is senior director of communications for AVIXA, the Audiovisual and Integrated Experience Association, which represents the global commercial AV industry.
Editor's Note (6-14-2019): This article has been corrected to note that the Minskoff Pavilion at Michigan State University will open in the fall of 2019. The building had not recently opened, as of this article's publication date, as was originally stated.
#Technology #Classroom #Instructional Design
Technology, Education, and the Developing World
As more students in emerging economies use their cell phones as learning devices, mobile technology is poised to revolutionize education.
The Data's in the Details
Selecting a software system to meet your school's data management needs can be a complex process. Read on for advice on how to choose and implement the best platform for your faculty and staff.
Virtual Teaming
Want your students to learn to resolve conflict, leverage technology, and develop cultural awareness while managing a globally distributed team? If so, consider adding a virtual collaboration project to your next business course.


The cultural industry is becoming the pillar industry to support the further growth of developing country. With the expansion of economic crisis, people are more focus on the change of economic environment and ignore the decadency of some cultures. The Chinese traditional opera has experienced the continuously decline in the past few years. As the circumstance changed, traditional cultural art is gradually fading. The problem and difficulty that Chinese Opera has faced could be a typical example to illustrate the vital part of cultural industry is dying. Moreover, choosing Western Opera as the comparison object because it is close to Chinese Opera with regard to the formation. Therefore, the problems that Chinese Opera faced Western Opera also blighted. This paper through studying the history of these two art forms and interviewing related researcher, further analyse the current situation and raise corresponding solutions.


text:
Press Report: Sophie and Carys Help Cheshire to Gold
CARYS ROBERTS and Sophie Grainger proved class acts at the English Schools Cross Country Championships.
The West Cheshire Athletic Club pair braved wet, blustery, and muddy conditions on a hilly course at Temple Newsam, Leeds, to help earn Cheshire a team victory.
Roberts posted 11 minutes 13 seconds for 32nd spot and Grainger was 43rd in 11:17 in the 3km junior girls race alongside county team mates Holly Weedall (fourth in 10:41), Orla Gregory (50th in 11:21), Ellie Bushill (60th in 11:26), Ellie Hudson (83rd in 11:32), Grace Roberts (131st in 11:49), and Harriet Bain (206th in 12:09).
Jamie Richardson, of West Cheshire AC, was first home for Cheshire's junior boys with a time of 14:25 for 28th spot in the 343-strong field who completed 4.1km, backed up by Jake Wilson (47th in 14:33), Ben Hamilton Ryan (82nd in 14:48), Dylan Carney (103rd in 14:55), Erik Marshall (138th in 15:08), Patrick Griffith (146th in 15:10), James Knockton (228th in 15:39), and Philip Goodfellow (262nd in 15:49) to earn Cheshire eighth team position.
Sion Roberts of West Cheshire AC was 60th with 23:30 in the 6.7km senior boys race, ahead of club mate Jac Goodall (264th in 26:18) as Cheshire finished 10th in the team event which featured Joseph Buckley (35th in 23:03), Thomas Wood (72nd in 23:39), John Humphries (83rd in 23:45), Ben Lee (100th in 24:05), Ben Webb (202nd in 25:16), and Aaron Doyle (216th in 25:30).
Issy Clarke of West Cheshire AC posted 17:13 for 101st spot in the 4.1km senior girls race alongside club mates Beth McMahon (282nd in 19:40) and Lily Moorhouse (291st in 19:55) and county team mates Holly Smith (12th in 15:41), Emily Lowery (43rd in 16:15), Stephanie Moss (62nd in 16:34), Ellie Grinnell (132nd in 17:39), and Lucy Smith (221st in 18:31), to help earn Cheshire 10th team spot.
West Cheshire AC's Ella Dimbylow posted 15:34 for 187th spot in the 3.71km intermediate girls race to help earn Cheshire ninth team position alongside Lara Crawford (fifth in 13:47), Sian Heslop (seventh in 13:50), Eden O'Dea (90th in 14:54), Imogen Owen (99th in 14:58), Jess Connolly (156th in 15:20), Faye Conboy (290th in 16:29), and Anoushka Brooks (323rd in 17:20), while West Cheshire AC's Lucia Pyne, representing Merseyside, finished 165th in 15:23.
KEELY SMITH (29th over-35 lady in 1:41:26), Claire Williams (47th over-45 lady in 1:48:06), Clare Mallon (59th over-45 lady in (1:49:44) and Sarah Hibbert (77th over 50 lady in 2:00:25) completed the Lisbon Half Marathon in Portugal.
CLAIRE BENNETTE represented West Cheshire AC at the Wigan 10 miles Road Race and clocked 1:29:14.
HEATHER McLINTOCK ran in West Cheshire AC colours at the Wrexham 20 Miles Road Race and posted 2:45:12, while club mate Katharine Harvey clocked 2:22:35 in the Wrexham Half Marathon.
ETHAN ACKROYD of West Cheshire AC was fourth home for North Wales under 20 men's team with a time of 33:59 at Loughborough in the UK Inter Counties Cross Country Championships.
KING'S SCHOOL, Chester, won the Chester Primary Schools Cross Country Team Championships hosted by West Cheshire AC at Ellesmere Port Sports Village.
FIXTURES this weekend include the West Cheshire AC Track and Field Trials at Ellesmere Port Sports Village on Saturday (10am start), the Northern Athletics Road Relay Championships at Birkenhead Park on Sunday (11am start), the North West Regional Sportshall Athletics Championships at SportCity, Manchester, on Sunday (12.30pm start), and Wilmslow Half Marathon on Sunday.
West Cheshire AC will host the Cheshire v Merseyside Year Seven Schools Cross Country Match at Ellesmere Port Sports Village on Wednesday, March 27, and the second part of the West Cheshire AC Track and Field Trials take place at Ellesmere Port Sports Village on Thursday, March 28, (6pm start).


text:
Spotify cracking down on family plan subscribers who don't live together
Hopefully, this doesn't make to many subscribers angry enough to leave
By Brad Bennett@thebradfad
Spotify is once again starting to crack down on users that are breaking its 'Spotify Premium for Family' share plan rules, by asking them to share their location.
The streaming audio company says that only users who reside at the same address are allowed to use a family plan. So if you share a plan with some friends who don't live with you or you've moved out of your parent's house, your days of a cheaper Spotify subscription may be numbered.
To enforce this rule, Spotify updated its terms of service to say that the app will ask users to update or reverify their home address from "time to time."
If it finds users are not playing by its rules, it has the power to terminate subscriptions.
When new users sign up for the $14.99 CAD family plan, they'll be asked to verify their home address by using Google Maps.
According to CNET, the company is also going to be asking users who are already signed up for the service to verify their address as well.
A reader has let us know that users can either share their location data with Spotify, or they can manually type it in. Although the manual option is a much smaller button to click on.
Spotify attempted a similar move last year when it asked users if they lived together, but ultimately that went nowhere. So it will be interesting to see how many people the change affects this time around.
Last year, Billboard reported that almost 30 percent of new signups were for family plans, so this is a pretty big shakeup for the company.
Ideally, it doesn't end up kicking too many users off of their plan, which may result in people taking the opportunity to test out competing services from Apple, Google, Tidal or Deezer.
Source: CNET, Billboard
Update 12/09/2019 12:52 PM: A reader has let us know that there is still an option to manually enter your address.
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Q: I've to select a div class in css
I've to remove the inline style of of the div element, can anybody tell me how to select that particular div, I've tried selecting class but inline style has more priority than class selector. Please tell me how to remove the inline style from it, I'm using WordPress and it is theme generated css.

A: Please try this -
.col-inner .img a.image-lightbox .img-inner.img-cover{padding: top: 77% !important;margin: 0 !important;}

A: This is one of those just because you can doesn't mean you should moments. Ideally, you should make a child theme and make your updates there. You can find plenty of help on how to make child themes in the WordPress docs.
That said, it is possible, but it's not best practice. This code will override what is in your current inline style.
/* this select a div with the class img-inner with the style attribute */
div.img-inner[style] {
  margin: 2rem !important; /* anything you need to override needs an !important */
  padding: 0 !important;
}

Once you have the div selected, you can pretty much do what you need. I just put in some declarations as an example. You can add more declarations or override/unset others.
If you need, you can use a more complex attribute selector to see if the style contains something specific.

redpajama_set_name: RedPajamaStackExchange


"Vos vadum reverto" means "We will reunite".
Clean water was precious but synthetics were cheap and sanitary…her only choice was to drink Nutri.
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I am at LV8 now with the imported Party from the Beta, and I must say, even if you played the Beta, it is worth to play again the release Version.
I see that Komag polished up little bit before releasing (based on Tester Notes?) and it plays little bit better now.
Congrats on this huge release Komag! Some of those screen caps are jaw dropping. I'm making my way through the original game again and after that I plan on importing that party into the Master Quest and relishing in the differences. What a smart way to learn the editor, and we get to benefit!
I've yet to play Legend of Grimrock, but I have it sitting on my computer from a humble bundle, waiting to be played.
My question is, should I just go ahead and use Master Quest the first time I decide to play it?
If you dont care about Steam "Achievements" you could play Komags MQ like you would play the original game.
AFAIK Achievements cant be unlocked with Mods, this is the only restriction to Mods I know of.
On the other hand, you cant import Partys to replay the original Game i.e like you can with Komags MQ.
You could play first the original Game and then import your Party with the MQ-Mod and replay with leveled chars for a new experience like you would (re)play the original with an Addon pack.
Polioliolio wrote: I've yet to play Legend of Grimrock, but I have it sitting on my computer from a humble bundle, waiting to be played.
I would recommend playing the original dungeon first. It was also build for new players to get used to the game while MQ assumes you are already familiar with LoG.
Count me as another vote to play the original game first. My reason, though, is that SO much has been developed and changed since the original release, that it really will feel like a whole new experience when you get to the Master Quest and other mods (@Komag: just curious; any custom alcoves in here?).
SpiderFighter wrote: (@Komag: just curious; any custom alcoves in here?).


SHERWOOD — The last time the Sherwood and Tualatin high school girls soccer teams faced off, a lot was on the line.
It was the second round of the 2017 Class 6A state playoffs, and the Timberwolves came away with a 4-2 win on Sherwood's home field.
That setback was still fresh in the Lady Bowmen's minds when the two talented squads met up again. And that motivation seemed to power the Sherwood squad.
The Lady Bowmen came out on top in the rematch, fighting off Tualatin to get a 4-3 victory in a non-league contest played last Thursday at Sherwood High School.
"It's a pretty big win. Last year, we beat them during league, but they beat us in the playoffs," said Sherwood junior forward Loma McNeese, who scored a goal in last Thursday's match. "That was pretty devastating. This was kind of like a revenge game, and I think we showed ourselves."
"After losing to them on our home pitch, we never wanted that to happen again," Sherwood junior defender Jillian Leroux said. "We came out stronger this time."
With the victory, Sherwood improved to 3-1 on the season to that point.
"Oh, I think we're going to go so far," Leroux said. "If we keep this energy up, and have this drive, we're going to do great things."
Tualatin moved to 1-1 on the season, to that point, with the setback.
"We definitely tried to fight hard, and we knew that Sherwood was going to come out strong," Tualatin sophomore forward Cally Togiai said. "But, this is just our second game, and it's their fourth game, and we're still trying to figure things out. But it went well."
Defenses controlled play in the first half of the showdown, with the teams battling through a scoreless tie throughout most of the first 40 minutes.
Tualatin, in the first half, got shots on goal by sophomore Alyvia Embree and Togiai, but Sherwood freshman goalkeeper Tali Kozma made saves on both of those attempts. Timberwolf freshman Brook Burke came close to breaking the scoreless tie when, with 9 minutes and 25 seconds left in the first half, she had a shot from 20 yards out hit the crossbar of the Sherwood goal.
Meanwhile, on the other side of the field, Sherwood got three shots on goal from McNeese, two by sophomore Kendall Mickelson and one by Leroux, but Tualatin junior goalkeeper Sarah Hall, diving, running and leaping, made spectacular save after spectacular save to keep the shutout intact.
Hall, sprinting out from the goal, made a running block of a shot by Mickelson, but Lady Bowmen sophomore Kylah Williams, getting to the loose ball, smacked a follow-up shot from 22 yards out into the Tualatin goal, giving Sherwood a 1-0 lead with 1:09 remaining in the first half.
Tualatin, trying to battle back, tied the match at 1-1 when Embree scored on a shot from 20 yards out, driving the ball just inside the right post of the Sherwood goal with 32:30 remaining in the second half.
But it didn't take the Lady Bowmen long to answer back. Just seven seconds after the ensuing kickoff, McNeese scored on a shot from 18 yards away, putting her attempt just inside the right post of the Tualatin goal, giving Sherwood a 2-1 lead with 32:23 left in the match.
"It was hard, after they scored on us," McNeese said. "It was hard to see that happen, so we wanted to give them another shot."
Sherwood upped the margin to 3-1 with 20:07 left to play when freshman Ellie Schmidt scored on an attempt from the right side, hitting a lofting shot that drifted just over Hall's reach and sailed just under the crossbar of the Tualatin goal.
The Wolves' still fighting, trimmed the margin to 3-2 when Burke knocked a loose ball into Sherwood goal from close range with 9:01 left to play.
But, again, Sherwood quickly answered back. This time, it was Mickelson scoring on a rebound shot, after another diving block by Hall, upping the lead to 4-2 with 7:03 remaining.
"Everyone wanted that so bad," Leroux said. "You can't let your heads get down. You have to come back strong, and that's what we did. That's why we won this game. We came out stronger after they scored."
Togiai scored on a spin-around shot with 14 seconds remaining to make the final tally 4-3.
"We had a lot of chances, with everyone," Togiai said. "I figured there wasn't much time left, and we didn't want to give up."
But it was Sherwood celebrating as the match went final.
"We remembered how we felt last time we played them," McNeese said. "And (Sherwood coach Katie) Hartman always says to keep a picture in the back of your head of that moment, and we did. We never want to feel that way again."
Sherwood had 13 shots on goal and two corner kicks in the contest. Tualatin had nine shots on goal and one corner kick.
"It was intense. Sherwood really wanted it, but we just have to regroup and get back together," Togiai said. "We learned a lot of things, having to work on the fly, and stuff, but we'll definitely come out stronger. It was definitely fun. There's a little rivalry between us, its fun."
Both teams will be back in action on Tuesday. Tualatin will host Sandy and Sherwood will play at Camas, Wash.


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Dish Chief Speaks Out On DIRECTV Merger
Date: August 10, 2021Author: TV Answer Man 4 Comments
Dish Chairman Charlie Ergen yesterday reiterated that he thinks a Dish-DIRECTV merger is "inevitable" and perhaps more likely now than ever.
"In terms of DIRECTV and Dish, I mean, obviously, I've said it the last year, I think that those two companies go together, that's inevitable," Ergen told analysts in a conference call following release of the company's second quarter report.
The Dish chief suggested that federal regulators may have had issue with a satellite TV merger in the past because it would reduce video choices in rural areas where Internet access (and streaming) is limited. However, Congress is poised to approve a $1 trillion infrastructure bill that would include $65 billion to expand Broadband in those markets.
"From a regulatory point of view, obviously, there's less and less reality to objections to it because, obviously, the hundreds of billions of dollars of broadband deployment and continued competition from the programmers themselves in the marketplace," Ergen said.
The Dish executive also noted that DIRECTV is now a separate company with a different management team. AT&T last week closed the sale of 30 percent in DIRECTV to private equity firm, TPG, and the new DIRECTV is now controlled by a mix of TPG and former AT&T executives.
Ergen said it's unclear how the new DIRECTV structure would impact possible merger talks.
"There's another party (TPG) involved…so, whether that's positive or negative, I don't know…We'll just have to wait and see whether there's desire on everybody's part to do that. But, I think it's a timing issue more than anything else," Ergen said.
Some industry observers once doubted that a Dish-DIRECTV merger was possible due to friction between Ergen and AT&T executives as well as the Broadband regulatory concerns.
But AT&T and Dish announced last month that they had signed a multi-billion dollar pact to bring AT&T's wireless service to Dish's wireless customers. The agreement means that AT&T will replace T-Mobile as Dish's primary wireless partner.
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4 thoughts on "Dish Chief Speaks Out On DIRECTV Merger"
Thom R says:
How many times have subs lost channels in a fee fight with Dish? How many times with Direct?
Hundreds of times with both, evenly.
So not true!, I've had Direct for over 20 years, and have hardly EVER lost networks, Dish, on the other hand, loses something regularly, every time a new contract is needed
labear says:
The two dishes will merge. It's inevitable and it's also been a planned business intention. The recent purchase of DirecTV was step one.