Month: August 2021

Ethics Opinion 1228

Topic: Submitting draft complaint with demand letter Digest: A lawyer who sends a demand letter to a potential civil defendant may include a draft complaint and a statement that the draft complaint will be filed if the matter is not settled by a certain date, except in unusual circumstances where the threat would violate the … Continued

NYSBA President Decries Actions of Union Leader Who Published Chief Judge Janet DiFiore’s Home Addresses

T. Andrew Brown, president of the New York State Bar Association, issued the following statement about the court officer who jeopardized the safety of New York’s Chief Judge Janet DiFiore: “Chief Judge Janet DiFiore’s decision to require that all state court workers and judges be vaccinated against COVID-19 was both morally right and legally sound. … Continued

Ethics Opinion 1227

Topic: Advertising, solicitation, targeted email to prospective clients Digest: Email communication from out-of-state law firm to a list of specific individuals in New York, seeking clients for future false advertising and products liability class actions, is both an advertisement and a solicitation under Rules 7.1 and 7.3 of the New York Rules of Professional Conduct. … Continued

The Surfside Condo Collapse: Lessons for New York

The disastrous collapse in Surfside, Florida of the 40-year-old Champlain Towers South condominium tower should set off alarm bells in New York City, wherein it is estimated there presently are more than 1 million buildings.