Month: August 1993

Opinion 657

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #657 (48-93) Topic: Conflict of interest; disqualification; criminal or civil practice by part-time municipal lawyer Digest: Part-time attorneys for municipalities, regardless of title or actual responsibilities, may not undertake criminal defense work before courts of same locality; there is no per se prohibition on the … Continued

Opinion 660

NEW YORK STATE BAR ASSOCIATION Appearance of impropriety, conflict of interest, disqualification Committee on Professional Ethics Opinion #660 (39a-93) Topic: Conflict of interest; appearance of impropriety; defense counsel dating prosecutor; imputed disqualification of firm. Digest: Lawyer associate of defense counsel firm may not defend cases prosecuted by assistant district attorney whom associate is dating; associate’s firm not … Continued

Opinion 659

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #659 (63-93) Topic: Advertising Advertising Digest: Attorney may include advertising material in an information package that a car dealer will give to purchasers of automobiles. Code: DR 2-101; 2-101(A), (B); 2-103 (A), (B), (C), (D). QUESTION May an attorney ethically include advertising material in an … Continued

Opinion 655

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #655 (18-93) Topic: Conflict of Interest; town zoning board member; representation against the town on personal injury claim Conflict of interest, personal injury, zoning board Digest: Absent evidence of improper influence or impaired professional judgment, not improper for attorney-member of town zoning board of appeals … Continued

Opinion 658

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #658 (50-93) Topic: Association with foreign lawyers Foreign Digest: Subject to any applicable legal restrictions, a New York law partnership may enter into a partnership with a Swedish firm provided the New York lawyers confirm that the partnership will not compromise the lawyers’ ability to … Continued

Opinion 656

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #656 (38-93) Topic: Communication by attorney with adverse party Opposing party Digest: Attorney for parent in child custody proceeding may not communicate with child for whom court has appointed a law guardian without law guardian’s consent Code: DR 7-104(A)(1) QUESTION May the attorney for a … Continued

Opinion 653

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #653 – 08/27/1993 (22-93) Employment, non-lawyer, litigation Topic: Liability for litigation expenses; withdrawal of attorney if client does not advance or accept liability for expenses Digest: Attorney may not assume ultimate liability for litigation expenses; attorney may request client to advance expenses for trial; attorney … Continued

Opinion 652

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #652 – 08/27/1993 (20-93) Communication, opposing party Topic: Communications with adverse party; governmental entity Digest: Attorney may communicate with officials or employees of governmental entity that is represented by counsel in connection with a matter provided (a) the officials or employees lack the power to … Continued