Monthly Archive:September, 2010

You Don’t Have to Talk to Their Lawyer

Occasionally, a client calls me to tell me that the other side’s lawyer reached out directly to them and wants to have a quick direct conversation to discuss the outstanding issues.

In California, Rule 2-100 of the Professional Conduct Rules says that a lawyer may not speak with the opposing party directly (if the opposing party has counsel) without getting the opposing party’s lawyer’s consent.

ABA Rule 4.2 says roughly the same thing.

In litigation or active disputes, this rule is almost always scrupulously observed. But in business deals, where things are less contentious, sometimes people forget.

So, in short, no, if their business folks decide it’s time to bring in their lawyer, you don’t have to take the call without your own lawyer to back you up. The other side’s lawyer can talk to you, but only if you (and your lawyer) consent.

Negotiating Against the White House

One of my clients is in the process of entering into a deal with the White House.

Typically, my start-up clients find it very frustrating to try to do business with government agencies. Start-ups and government agencies operate on two very different time scales.

So, it’s a pleasant surprise to learn that the White House is actually much more nimble and flexible than most federal agencies. They understand more about the world my clients live in than any other governmental agency I’ve ever worked with.

And, I must say, the folks who represent the White House are some of the nicest and most reasonable opposing counsel with whom I’ve ever dealt.

The Techiest Use of a Garden

Recently, we were invited to dinner at our friends’ home. They pulled out what appeared to be a chemistry set to make dessert:


Clearly, this was going to be a *very* technical dessert.

Apparently, our hosts were fans of molecular gastronomy. You know, like El Bulli. And the use of such fun ingredients as alginate, and sodium calcinate, plus a scale, mental math, a Vitamix for purées and high velocity hand-whisking:


First, we made the fake roe — aka, apricot peach purée boules:



Then, we made the faux nori (aka rolled chocolate over crushed tin foil):


We filled the rolls with rice pudding, aka sushi rice, and we sliced some “ginger” aka, Georgia peaches:


With the addition of pistachio-nut butter “wasabi” and raspberry purée “soy sauce” our desserts were complete:


Truly, this is one of the techiest things you can do with things that come from a garden: