In another apparently unprecedented move, the Faculty members of the Docket Committee have hired a lawyer--a development Berkowitz learned when he noticed an e-mail message from Fox concerning Wednesday's meeting had been forwarded to counselor Swope.

Nesson, who said it was "quite good of them to let us know he was representing them," speculated about why Friend, Cutler and Goldfarb sought outside legal counsel.

"In big-time litigation, sometimes there are lawyers for all participants," Nesson said. But, as Berkowitz's case has not yet entered the litigation stage, he suggested an alternative, "more positive," rationale.

"Maybe they hired Swope when there was a genuine recognition that members of the Docket Committee actually needed representation because they are in a conflicted position," Nesson said.

Calling all three "distinguished members of FAS," Nesson explained that they have been called upon to make a judgment in a matter of great import to Knowles, who was responsible for their appointment to the Docket Committee.

In an April 30 e-mail message to Swope, Nesson stressed the importance of maintaining collegiality despite the increasingly litigious aspects of Berkowitz's case.

"Jeff," he wrote, "we are dealing with the grievance of a young member of the Harvard Faculty... This is not and should not be an environment for cutthroat lawyering."