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Comments Off on New York’s Amended Pro Bono Guidelines
By Roy Simon [Originally published in NYPRR May 2005] What is a New York lawyer’s obligation to perform pro bono legal services? The answer to that question changed on April 2, 2005, when, for the first time since 1990, the New York State Bar...
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Comments Off on Fighting Abuse of Confidentiality Orders
By Roy Simon [Originally published in NYPRR April 2005] If you litigate in areas like product liability, employment discrimination, or breach of employment contracts, odds are that at least some of your cases are covered by confidentiality orders....
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Comments Off on Final Exam on Conflicts: Short Question, Long Answer
By Roy Simon [Originally published in NYPRR March 2005] I recently finished grading 150 final exam papers in my course on the Ethics & Economics of Law Practice, a basic survey course on legal ethics. I gave a very short and simple conflicts...
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Comments Off on Litigating Claims of Attorney-Client Privilege
By Roy Simon [Originally published in NYPRR February 2005] This is a tale of two cities — and an epic battle over a single explosive document. In Miron v. BDO Seidman, LLP, 2004 U.S. Dist. LEXIS 22101(E.D. Pa. Oct. 19, 2004) (not available on...
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Comments Off on Prospective Client Conflicts — Can Puzzle Be Solved?
By Roy Simon [Originally published in NYPRR January 2005] Should New York adopt a Disciplinary Rule to govern conflicts with prospective clients? If so, what should the rule say? These turn out to be surprisingly complicated questions. This article...
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Comments Off on Can You Appeal Adverse Privilege Rulings in Discovery?
By Roy Simon [Originally published in NYPRR December 2004] Preserving the attorney client privilege and work product protection is one of the most important tasks you must perform during discovery. Preserving privileges is not just strategically wise;...
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Comments Off on Patenting Legal Methods: Patently Unethical?
By Roy Simon [Originally published in NYPRR November 2004] An article in the Wall Street Journal reported that some lawyers had applied for patents on complex estate planning techniques. [See, Rachel Emma Silverman, “The Patented Tax Shelter,” Wall...
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Comments Off on Depositions of Opposing Counsel: Developing Law — Part 2
By Roy Simon [Originally published in NYPRR October 2004] [Editor’s Note: This a two-part article. Part 1 appeared in NYPRR September 2004.] If the opposing party wants to take your deposition, may it do so? Last month, I discussed the history of...
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Comments Off on Depositions of Opposing Counsel: Developing Law — Part 1
By Roy Simon [Originally published in NYPRR September 2004] [Editor’s Note: This a two-part article. Part 2 will appear in NYPRR October 2004.] If the opposing party wants to take your deposition, may it do so? If your client wants to take the...
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Comments Off on Willful Infringement Litigation: Waiver & Work Product Protection — Part 2
By Roy Simon [Originally published in NYPRR August 2004] When a defendant invokes the advice-of-counsel defense in a willful infringement case and thus waives the attorney-client privilege does the defendant also waive work product protection? Last...
