Adjunct Professor of Law
Timothy A. Hoy
Mette Evans & Woodside
Course: Payment Systems
My practice area is business and banking. I act as outside general counsel to several businesses and provide counsel to them on litigation avoidance, employment law, financing transactions, contract review, interpretation and enforcement, the conduct of Board meetings, the licensing of intellectual property, retention of counsel for out-of-state transactions and litigations, and other day-to-day issues. Serving on the Board of Directors of Woolrich, Inc., one of the firm’s clients, has greatly enhanced my understanding of the issues confronting business clients and their use of lawyers.
The other major focus of my practice is representing and advising financial institutions on regulatory compliance, customer issues and disagreements, SEC filings, the documentation of loans and the enforcement of their rights and remedies as creditors, both in and out of the bankruptcy context. Specifically, I provide a significant amount of counsel on the interpretation and enforcement of Articles 3, 4, 4A, 5, 8 and 9 of the Uniform Commercial Code and federal Regulations E, Z and CC, which generally involve the subject matters of “Payment Systems” and “Secured Transactions.”
The almost daily experience I have with Payment Systems issues infuses the teaching I have done at the law school. I regularly use real-world fact situations in class to illustrate various points and have on several occasions invited employees of a bank client to present actual fact scenarios to students in order to test their grasp of the subject matter.
I have developed a way of approaching legal issues in my practice that I teach to my law school classes and that I think they can use no matter the subject matter of an issue. In my opinion, many lawyers equate giving legal advice to making recommendations to clients on how to respond to legal crises. I counsel my students to separate legal counsel into two major components: first, determine the law which is applicable to the issue and explain that law in readily understandable terms to the client; second, on the basis of the applicable law, make recommendations to the client on how to proceed. I believe that repetitively teaching this approach makes my class practically valuable to my students, and it is good discipline for me as well. I close each semester by encouraging students to be true to their values, craft their own definitions of the successful practice of law and to be both candid with and responsive to their clients. In my judgment, those are the principles that are critical for every lawyer to possess.