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Comments Off on Flurry of Decisions Under Advocate-Witness Rule (Rule 3.7)
By Roy Simon [Originally published in NYPRR May 2010] The advocate-witness rule has always been a powerful rule. Unlike other conflict of interest rules, client con-sent cannot cure a disqualification that arises when a lawyer who will be a witness...
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Comments Off on Second Circuit Declares Ad Rules Unconstitutional
By Roy Simon [Originally published in NYPRR April 2010] On March 12, 2010, the Second Circuit finally handed down its decision in Alexander v. Cahill, 2010 WL 842711. The Second Circuit affirmed all but one aspect of the District Court’s decision,...
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Comments Off on May Former In-House Lawyers Testify as Experts Against Their Former Employers?
By Roy Simon [Originally published in NYPRR March 2010] Justice Alice Schlesinger of the New York County Supreme Court has issued a fascinating decision about the confidentiality duties of former in-house lawyers. In Bear Stearns Asset Management Inc....
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Comments Off on Attorney-Client Privilege & Third-Party Consultants: An Update
By Roy Simon [Originally published in NYPRR February 2010] More than six years ago, in July 2003, I published an article in NYPRR entitled The Attorney-Client Privilege and Public Relations Firms. The article reviewed a number of cases addressing...
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Comments Off on Whom Does a Corporation’s Attorney Represent?
By Roy Simon [Originally published in NYPRR January 2010] When an attorney represents an entity, does the attorney also represent others? For example, does the attorney represent shareholders? Sister and subsidiary corporations? Officers? Limited...
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Comments Off on Simon on New Rules: Rule 4.1 Through Rule 8.4
By Roy Simon [Originally published in NYPRR December 2009] This month I conclude my series on the new New York Rules of Professional Conduct. I will concentrate on the handful of provisions in Articles 4 through 8 that significantly alter or add to the...
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Comments Off on Simon on New Rules: Rule 3.7(a) Through Rule 3.9
By Roy Simon [Originally published in NYPRR November 2009] This month’s column, which continues my series of columns on the new New York Rules of Professional Conduct, covers Rules 3.7, 3.8, and 3.9. Rule 3.7(a): Advocate as Witness Rule 3.7(a),...
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Comments Off on Simon on New Rules: Rule 3.3(a)(3) Through Rule 3.3(d)
By Roy Simon [Originally published in NYPRR October 2009] This month’s column, which continues my series of comments on the new New York Rules of Professional Conduct, begins with Rule 3.3(a)(3) and ends with Rule 3.3(d). Rule 3.3(a)(3) and 3.3(b):...
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Comments Off on Simon on New Rules: Rule 2.1 Through 3.3(a)(1)
By Roy Simon [Originally published in NYPRR September 2009] This month’s column, which continues my series of columns on the new New York Rules of Professional Conduct, begins with Rule 2.1 and ends with Rule 3.3(a)(1). Rule 2.1: The Lawyer as...
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Comments Off on Simon on New Rules: Rule 1.14 Through 1.18
By Roy Simon [Originally published in NYPRR August 2009] This month’s column, which continues my series of columns on the new New York Rules of Professional Conduct, begins with Rule 1.14 and ends with Rule 1.18, the last rule in Article 1 of the new...
