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Wednesday, Jul To the Editor Ethics Opinion Makes Settlement a Rarity ‘The June 26, 2003, article enti ted "Milberg Withdrew, Promised Never to Sue Tire Company Again" Weiss Bershad Hynes & Lerach agreed to forbear from suing Titan International Ine. as part ofa set {quoted two attorneys 8 saying that they had never seen a stipa- Jation “of discontinuance that Included an exprere agreoment not To sue a company again ‘The reason why such agree: ments are so rare, t least with aspect to New York-based law fans, that they rae various eth Jeal problems noted ina Formal Ethies Opinion promulgated by City'ctNew York's Committee on Protessional and Judicial Ethics, Which states that *a] lawyer may Mot enter Into a settlement agree. ment that featlcts her own oF Another lawyer's ability to repre: Sent one or more ellents, even if Such an aareement may be enforce- able as a matter of law." The rea: Soning is that this would violate Diseiplinary Rule 2-108(B), which sates that “In connection with the Settlement ofa controversy of ult lawyer shall not enter into an Sarenment hat estes the ight of glawyer to practice law.” ‘Athough' belcvethat the com- mittee, in Its preoccupation with anattorney’s obligstion to @hypo- thetical ture ellen, interferes ‘with that attorneys abity to mane Imnize is actual client's best inter. ests I elt obliged to abide by its ‘opinion during arecent settlement negotiation of my own. | wonder ‘why Milberg Weiss dd not feel sim- arly constrained foe ‘New York, NY: