Month: September 1972

Ethics Opinion 256

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #256 – 09/29/1972 (56-71) children, conflict of interests, client consent, representation Topic: Conflict of Interest; Dual Representation Digest: An infant may not consent to dual representation where conflict of interest may arise Code: EC 5-15; DR 5-101 (A); DR 5-105 QUESTION May an attorney represent … Continued

Ethics Opinion 263

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #263 – 09/15/1972 (48-72) appearance, conflict of interests, judges Topic: Private practice by Temporary Acting Judge Digest: Temporary Acting Judge with criminal jurisdiction should not engage in private criminal practice Code: Canon 9; EC 9-2; 9-6; Code of Judicial Conduct: Canon 2 QUESTION May a … Continued

Ethics Opinion 262

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #262 – 09/15/1972 (45-72) advertisements, directories, foreign, of counsel, partnership Topic: Use of the term “of counsel”; letterhead Digest: The term “of counsel” may only be used on letterhead where there is a continuing relationship Code: DR 2-102(A)(4) QUESTION In what circumstances is it proper … Continued

Ethics Opinion 261

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #261 – 09/15/1972 (44-72) advertisements, employee, law office, letterhead, paralegals Overruled (in part) by 500 Topic: Name of paralegal employee on lawyer’s letterhead Digest: It is improper to list the name of a non-lawyer employee on the lawyer’s letterhead Code: Canon 2, 3; DR 2-102(A) … Continued

Ethics Opinion 260

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #260 – 09/15/1972 (42-72) adverse interests, appearance, conflict of interests, partnership, part-time public, part-time public official, public, representation Modified by 587 (1987) Topic:  Public Defender; Private clients: Conflict of Interest; Appearance of Impropriety Digest: Improper for any Deputy Public Defender to represent privately defendant who … Continued

Ethics Opinion 259

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #259 – 09/15/1972 (41-72) conflict of interests, county legislator, legislature, part-time public, representation Topic: Attorney-Legislator; Conflict of Interest Digest: Improper for attorney, who is a county legislator to represent health clinic partially funded by the county Code: EC 8-8; EC 9-6; DR 5-101(A); 5-105(A); 5-105(B) … Continued

Ethics Opinion 258

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #258 – 09/15/1972 (40-72) adverse interests, conflict of interests, client consent, employee, employment, matrimonial matters, possible adverse, representation Topic: Conflict of interest in uncontested divorce or separation Digest: Improper to act for both parties in uncontested divorce, even with consent following full disclosure Code:  Canon … Continued

Ethics Opinion 257

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #257 – 09/15/1972 (34-72) client consent, criminal practice, municipality, part-time public, prosecutors, public Modified by 544 Topic: Part-time County Attorney; Conflicts Digest: Neither an assistant county attorney nor his partners may represent private clients in civil matters relating to the county or in criminal matters; … Continued