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Comments Off on Interviewing a Former Officer of Your Adversary
By Roy Simon [Originally published in NYPRR March 2006] May a lawyer who is litigating in New York courts freely interview an adversary’s former employees? Based on case law and commentary interpreting New York’s “no-contact” rule, DR 7-104(A),...
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Comments Off on Are Unconscionable Fee Agreements Enforceable?
By Roy Simon [Originally published in NYPRR February 2006] Is it possible for a client to ratify an attorney’s unconscionable fee agreement? That question is so thorny that the Second Circuit could not answer it. Instead, in King v. Fox, 418 F.3d 121...
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Comments Off on Confidential Disciplinary Proceedings & First Amendment — Part 2
By Roy Simon [Originally published in NYPRR January 2006] Last month (NYPRR Dec. 2005), I discussed New York Judiciary Law §90(10), which mandates (with narrow exceptions) that all disciplinary proceedings against lawyers remain confidential (i.e.,...
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Comments Off on Confidential Disciplinary Proceedings & First Amendment — Part 1
By Roy Simon [Originally published in NYPRR December 2005] Disciplinary charges in more than three dozen states become public at some point before discipline is imposed, but in New York, except in the rare case where an accused attorney waives...
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Comments Off on Threatening to File Grievance Against Opposing Counsel
By Roy Simon [Originally published in NYPRR November 2005] May you ever ethically threaten to file a grievance against opposing counsel? This column explores that multi-faceted question. Some Scenarios To help us think about the question in more...
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Comments Off on Chief Justice Rehnquist & Attorney-Client Privilege
By Roy Simon [Originally published in NYPRR October 2005] During Chief Justice Rehnquist’s 33 years on the U.S. Supreme Court (1972–2005), the Supreme Court decided at least two dozen important cases regarding the regulation of lawyers. (I am...
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Comments Off on Reporting Your Adversary’s Misconduct During Litigation
By Roy Simon [Originally published in NYPRR September 2005] A question that often arises is whether a lawyer is obligated to report an opposing lawyer who engages in misconduct during litigation. As with many questions that seem simple at first blush,...
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Comments Off on Screens & Conflicts in Second Circuit
By Roy Simon [Originally published in NYPRR August 2005] Last month’s column (NYPRR July 2005) focused on a new Second Circuit case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005) (Leval, J.),...
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Comments Off on ‘Of Counsel’ Lawyers & Conflicts of Interest
By Roy Simon [Originally published in NYPRR July 2005] The Second Circuit decided a case, Hempstead Video, Inc. v. Incorporated Village of Valley Stream, 2005 WL 1274244 (2d Cir. May 31, 2005), that turns conventional wisdom upside down. If this...
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Comments Off on Is ‘Catalyst Theory’ of Attorney Fees Still Alive?
By Roy Simon [Originally published in NYPRR June 2005] My high school chemistry teacher, Mr. Carmichael, used to post a “mehcmaxe” on the board every day. (“Mehcmaxe” is “chem exam” spelled backwards.) One day the mehcmaxe was, “What is a...
