Month: August 1975

Opinion 411

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #411 – 08/28/1975 (71-75) advertisements, existing clients, former clients Topic: Announcements; clients of former firm Digest: Not improper to send announcement to clients of former firm with whom a professional relationship has been established Code: DR 2-102 QUESTION May an attorney send announcements regarding the … Continued

Opinion 410

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #410- 08/28/1975 (70-75) appearance, confidences, conflict of interests, litigation, partnership, representation, secrets Topic: Client’s confidences Digest: Partnership may not continue to represent clients in personal injury action against former client of one partner, involving the same occurrence, even if the previous litigation has terminated and … Continued

Opinion 409

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #409 – 08/28/1975 (69-75) appearance, conflict of interests, prosecutors, public, spouse-lawyer Topic: Conflict of interests; Lawyer spouses as assistant district attorney and assistant public defender Digest: Not improper for a spouse of an assistant district attorney to be employed in the same county as a … Continued

Opinion 408

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #408 – 08/28/1975 (64-75) client consent, legal fees Topic: Division of fees between lawyers Digest: Proper to divide fees between lawyers provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable Code: … Continued

Opinion 407

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #407 – 08/28/1975 (62-75) communication, duty of lawyer, failure to act, opposing counsel Topic: Failure to respond to another attorney’s telephone calls or correspondence Digest: Improper for lawyer as a course of conduct to fail to respond to another attorney’s telephone calls or correspondence Code: … Continued

Opinion 406

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #406 – 08/20/1975 (61-75) dual practice Topic: Lawyer as private investigator Digest: A lawyer may engage in the dual practice of law and another occupation as a private investigator subject to the restrictions provided by the Code Code: Canon 2; DR 2-102(E) QUESTION May a … Continued

Opinion 405

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #405 – 08/13/1975 (37-75) confidences, criminal practice, disclosure, fraud Topic: Disclosure of client’s confidences Digest: Improper for a lawyer representing a client who is charged with the crime of larceny to divulge to the authorities confidential information obtained from the client as to the location … Continued

Opinion 404

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #404 – 08/13/1975 (23-75) communication, opposing party, public, school board Topic: Communication with adverse party Digest: Not improper for attorney to communicate with individual members of board of education under limited circumstances Code: DR 7-104(A)(1) QUESTION Where a board of education is split on a … Continued