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Comments Off on Imputed Conflicts Under New DR 1-107
By Roy Simon [Originally published in NYPRR January 2002] My article in NYPRR December 2001, covered imputed conflicts of interest under DR 1-106, which governs a law firm’s direct or indirect provision of legal services to its clients and to the...
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Comments Off on Imputed Conflicts Under DR 1-106
By Roy Simon [Originally published in NYPRR December 2001] My last two articles in NYPRR (Oct. & Nov. 2001) have covered client-to-client conflicts and personal conflicts under the new MDP rules, DRs 1-106 and 1-107, which took effect on Nov. 1,...
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Comments Off on Conflicts of Interest Under New DR 1-106
By Roy Simon [Originally published in NYPRR November 2001] Conflict of interest issues are likely to be the most frequent and difficult issues under New York’s new MDP rules, which take effect on Nov. 1, 2001. Last month, I asked how the rule on...
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Comments Off on Conflicts of Interest Under New MDP Rules
By Roy Simon [Originally published in NYPRR October 2001] At the end of last month’s overview of the new MDP rules [NYPRR Sept. 2001], I noted that “other issues, such as conflicts of interest and confidentiality, lie beneath the surface and remain...
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Comments Off on Overview of New York’s New MDP Rules
By Roy Simon [Originally published in NYPRR September 2001] In July 23, 2001, the Appellate Divisions approved new “multidisciplinary practice” or “MDP” rules for New York lawyers. The new rules will take effect on Nov. 1, 2001. This article...
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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 Solicitation of N.Y. Clients By Out-of-State Lawyers
By Roy Simon [Originally published in NYPRR May 2001] In basketball, there’s a foul called a “reach in “foul, which is committed when an opponent reaches in to steal the ball but instead hits the player who has the ball. My question in this...
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Comments Off on Fee Arbitration Rules to Take Effect June 1, 2001
By Roy Simon [Originally published in NYPRR April 2001] The Code of Professional Responsibility has always frowned on fee disputes between lawyers and clients. Ethical Consideration 2-23 reflects this disapproval by saying: A lawyer should be zealous...
