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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part II
By Martin I. Kaminsky (Greenberg Traurig LLP) and Maren J. Messing (Patterson Belknap Webb & Tyler LLP) In Part I of this article, “When You Can Contact Others Who Are or Were Represented by Counsel” (NYLER April 2015), we explained the basic...
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Comments Off on When You Can Contact Others Who Are or Were Represented by Counsel: Part 1
By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler) Lawyers sometimes want to contact a person who is connected with an adverse party or formerly connected with an adverse party in a transaction or litigation....
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Comments Off on New York Professional Responsibility Developments Since November 2011: Part 1
By Roy D. Simon, Distinguished Professor of Legal Ethics Emeritus I had the privilege of working with Lazar Emanuel from the time he first conceived of New York Professional Responsibility Reporter (NYPRR). He called me to discuss his idea late in 1997, and I...
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Comments Off on Communicating with In-House Counsel
By Brad Rudin & Betsy Hutchings [Originally published in NYPRR May 2007] Suppose counsel for the plaintiff in a personal injury action against a large municipality concludes that it would be more productive to speak directly to the lawyer who heads...
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Comments Off on Communicating with Adversary’s Former Employees
By Roy Simon [Originally published in NYPRR August 2001] An adversary’s former employees are often the most valuable witnesses in litigation. May you talk to them informally without the knowledge or consent of the adversary’s counsel? This question...
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Comments Off on More Light on ‘No-Contact’ Rule
By Roy Simon [Originally published in NYPRR July 2001] Last month (NYPRR June 2001), my article described five court decisions construing the so-called “no-contact” rule, which is codified at DR 7-104(A)(1) in New York, and at Rule 4.2 in most...
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Comments Off on Four Opinions on No-Contact Rule
By Roy Simon [Originally published in NYPRR June 2001] I am continually surprised at how frequently courts and ethics committees issue opinions about the so-called “no-contact” rule (DR 7-104 in New York; Rule 4.2 in most other states). The...
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Comments Off on Four Case Digests: May 2001
[Originally published in NYPRR May 2001] Firm Representing State Agency Not Disqualified from Suit Against State Covington and Burling (C&B) represents Brown & Williamson Tobacco Corp. in an action to block enforcement of a New York State...
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Comments Off on Lawyer May Contact Adverse Party’s Accountant
By Lazar Emanuel [Originally published in NYPRR March 2001] NYSBA Opinion 735 May a lawyer communicate with an accountant who has worked as an independent contractor for the opposing party without getting the consent of opposing counsel? This issue was...
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Comments Off on Undercover Investigators & Disciplinary Rules
By Roy Simon [Originally published in NYPRR January 2000] Suppose you represent a furniture manufacturer of high quality designer furniture in a suit alleging trademark infringement, Lanham Act violations, and unfair competition. You want to prove that...
