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Comments Off on Confidential Settlements & Restrictive Settlement Agreements
By Roy Simon [Originally published in NYPRR March 2001] Litigators enter into confidential settlement agreements every day. But if the First Department’s recent decision in Bassman v. Fleet Bank is correct, defendants have suddenly gotten a windfall,...
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Comments Off on Assessing Impact of Proposed DR 1-107, etc.
By Roy Simon [Originally published in NYPRR February 2001] In last month’s NYPRR (Jan 2001), I discussed what you can do until the proposed amendments to DRs 106 and 107 and several related changes in the Code are actually adopted by the Appellate...
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Comments Off on Waiting for Courts to Amend Code
By Roy Simon [Originally published in NYPRR January 2001] The New York State Bar Association recently forwarded to the Appellate Divisions a proposed new Disciplinary Rule, DR 1-107, to govern contractual relationships between lawyers and non-legal...
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Comments Off on Growing Trend Against Motions to Disqualify
By Roy Simon [Originally published in NYPRR January 2001] In the prior installments of this article, I considered the reluctance of the district courts to disqualify lawyers on conflicts issues, even when discipline for a breach of the ethics rules may...
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Comments Off on Growing Trend Against Motions to Disqualify: Part 2
By Roy Simon [Originally published in NYPRR December 2000] In the first installment of this article, [see, NYPRR Nov. 2000], I asked whether there is a growing trend in the Southern District against granting motions to disqualify opposing counsel. I...
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Comments Off on Growing Trend Against Motions to Disqualify: Part 1
By Roy Simon [Originally published in NYPRR November 2000] Is there a growing trend against granting motions to disqualify opposing counsel? Three cases may not make a trend, but three cases decided in the Southern District this year suggest that...
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Comments Off on Accepting Payment in Securities in Lieu of Money
By Roy Simon [Originally published in NYPRR October 2000] In July 2000, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York issued an important opinion about the right of a lawyer to accept stock,...
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Comments Off on Charging Interest on Unpaid Fees or Disbursements
By Roy Simon [Originally published in NYPRR September 2000] May lawyers ethically charge interest on unpaid legal fees? May they charge interest on unpaid disbursements in contingent fee cases? In a pair of opinions issued in July 2000, the ethics...
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Comments Off on How to Protect Against Inadvertent Disclosure of Privileged Documents
By Roy Simon [Originally published in NYPRR August 2000] During my first few years of practice, my firm and its co-counsel were defending a large client against a government lawsuit. A name partner in the co-counsel firm was in charge of document...
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Comments Off on Statute of Limitations in Legal Malpractice Actions
By Roy Simon [Originally published in NYPRR July 2000] Statute of limitations questions in legal malpractice actions are tricky. If you are trying to gauge your law firm’s exposure to legal malpractice actions — or if you represent plaintiffs in...
