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Posts Tagged ‘Roy Simon’

  • 13 Years of Legal Ethics Developments as Reported in NYPRR (Part I)

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    By Roy Simon [Originally published in NYPRR April 2011]   April 1st marks NYPRR’s 13th birthday — which means that NYPRR is celebrating its bar mitzvah. I’m going to mark the occasion with a history of lawyer regulation in New York based on my...

  • State Bar Amends Comments to Rules (Again)

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    By Roy Simon [Originally published in NYPRR March 2011]   Two months ago in this publication (NYPRR January 2011), I discussed amendments by the New York State Bar Association to its Comments on the New York Rules of Professional Conduct. My introduction...

  • “Gucci v. Guess?” Invokes Judge Wyzanski’s Classic Opinion on Privilege

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    By Roy Simon [Originally published in NYPRR February 2011]   By now, most readers of NYPRR probably know that late last June (2010), in a hard-fought trademark infringement case captioned Gucci America, Inc. v. Guess?, Inc., 2010 WL 2720079 (S.D.N.Y....

  • NYSBA Amends Comments to New York Rules of Professional Conduct

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    By Roy Simon [Originally published in NYPRR January 2011]   At its Nov. 3, 2010 meeting, the New York State Bar Association amended the Comments to the New York Rules of Professional Conduct. The press release by the State Bar said, in part: As part of...

  • In-House Registration Proposal Approved by State Bar

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    By Roy Simon [Originally published in NYPRR December 2010]   On Nov. 6, 2010, the New York State Bar Association House of Delegates overwhelmingly approved, by voice vote, a proposed new Part to the Rules of the Court of Appeals. The new rules would...

  • A Thoughtful Case on Advocate-Witness Rule

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    By Roy Simon [Originally published in NYPRR November 2010]   This year (2010) has produced a bumper crop of decisions about the advocate-witness rule (Rule 3.7) in New York state and federal courts. I have already written about the advocate-witness rule...

  • Rule 1.11: Screening Former Government Lawyers

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    By Roy Simon [Originally published in NYPRR October 2010]   Two decisions this year have applied Rule 1.11 of the New York Rules of Professional Conduct to former government lawyers now in private practice. In In re Coleman, 69 A.D.3d 846 (2d Dept....

  • Does the Lawyer for a Partnership Represent the Partners?

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    By Roy Simon Originally published in NYPRR September 2010]   Does a lawyer for a partnership represent the general partners? a recent case granting a motion to disqualify spurred me to re-examine this issue. I found surprisingly few New York cases...

  • Can Screening Cure Conflicts? Yes and No

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    By Roy Simon [Originally published in NYPRR July 2010]   If your law firm is hit with a motion to disqualify based on a conflict of interest, does a screen cure the conflict? In the New York Rules of Professional Conduct, the answer is yes and no. The...

  • Courts Amend Rule 6.4, Removing Big Chill

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    By Roy Simon [Originally published in NYPRR June 2010]   On May 4, 2010, effective immediately, the Administrative Board of the Courts amended Rule 6.4 of the New York Rules of Professional Conduct. This column discusses the scope and history of Rule...