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Comments Off on Corporate Family Conflicts: City Bar Speaks
By Roy Simon [Originally published in NYPRR November 2007] In a recent opinion, N.Y. City 2007-3, the New York City Bar’s Committee on Professional and Judicial Ethics asked a very simple question: “May a law firm accept a representation that is...
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Comments Off on Recent Ethics Opinions on Unauthorized Practice of Law
By Roy Simon [Originally published in NYPRR October 2007] In my experience, most law firms seldom worry about issues relating to the unauthorized practice of law. Once in a blue moon, a “lawyer” at a firm turns out not to be admitted to the bar (as...
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Comments Off on Advance Consent to Withdrawal for Nonpayment
By Roy Simon [Originally published in NYPRR September 2007] May your firm’s retainer agreement include a provision securing a client’s advance consent to a conflict of interest that may develop during the representation? Usually “yes,”...
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Comments Off on Comparing Waivers: Lawyer-Client Privilege v. Work Product Protection
By Roy Simon [Originally published in NYPRR August 2007] When discovery disputes revolve around either the attorney-client privilege or the work product doctrine, one of the most frightening words in a litigator’s vocabulary is “waiver.” Waiving...
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Comments Off on Interviewing an Adversary’s Former Executives: A Clear Rule at Last
By Roy Simon [Originally published in NYPRR July 2007] For any of you who have regularly read my columns in NYPRR, this column will be déjà vu all over again. In August 2001, my article, entitled “Communicating with An Adversary’s Former...
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Comments Off on ‘Party’ vs. ‘Person’ in DR 7-104(A)
By Roy Simon [Originally published in NYPRR June 2007] May the prosecutor or defense lawyer in a criminal case interview a non-party witness who has relevant information if the witness is represented by her own counsel? Two recent cases, People v....
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Comments Off on Risking Disqualification By Hiring Adversary’s Former Employee
By Roy Simon [Originally published in NYPRR May 2007] All year long, in anticipation of the next edition of my annual book on the New York Code of Professional Responsibility, I collect hundreds of new cases in the field of professional responsibility....
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Comments Off on Amended DR 5-103(B): Advancing & Paying Litigation Expenses
By Roy Simon [Originally published in NYPRR April 2007] A midst all the press and distress about the new and amended lawyer advertising rules that took effect on Feb. 1, 2007, little has been said about a part of the rules package that has no obvious...
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Comments Off on Must Defense Lawyers Advise Clients About Insurance Coverage?
By Roy Simon [Originally published in NYPRR March 2007] On Dec. 19, 2006, the Second Department conjured up the ghost of an issue that I thought had been laid to rest long ago. In Shaya B. Pacific, LLC v. Wilson Elser Moskowitz Edelman & Dicker,...
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Comments Off on Thumbnail Guide to Amended Advertising Rules
By Roy Simon [Originally published in NYPRR February 2007] On Jan. 4, 2007, the courts announced extensive amendments to the rules governing lawyer advertising in New York. This article briefly summarizes the new rules, which are effective as of Feb....
