Opinion 1276 (10/23/2024) Topic: Fake social media accounts offering legal services Digest: A lawyer who knows that an unknown or unidentified person is creating fake social media accounts in order to scam the public has no duty under the Rules of Professional Conduct to take any action to combat the fake accounts. Rules: 3.3(a)(3) & … Continued
Opinion 1275 (10/23/2024) Topic: Disciplinary Authority and Choice of Law; Immigration Practice Digest: A lawyer admitted to practice in New York who principally practices before federal immigration courts in another state must comply with any reporting obligations in that state’s Rules of Professional Conduct. Rules: 8.3(a), 8.5(a) & (b) FACTS: The Inquirer is admitted to … Continued
Opinion 1274 (09/12/2024) Topic: Conflicts of interest, former clients, government lawyers Digest: A lawyer employed in the counsel’s office of a state agency would not have a conflict in representing the agency in an enforcement action against a client the lawyer had formerly represented in private practice unless the lawyer would normally be expected to … Continued
Opinion 1273 (08/28/2024) Topic: Referral of real estate matters to lawyer from real estate broker who is also employed by lawyer as an associate Digest: A lawyer may accept real estate clients referred by an associate in the lawyer’s firm who is also a licensed real estate broker, provided the lawyer does not share legal … Continued
Opinion 1272 (08/27/2024) Topic: Conflict of Interest when part-time Department of Social Services Attorney represents clients adverse to Department of Social Services Digest: Regardless of the scope of a part-time attorney’s work for a county Department of Social Services (“DSS”), the part-time DSS attorney may not represent private clients in Family Court in matters in … Continued
Opinion 1271 (08/20/2024) Topic: Sharing of Legal Fees with Non-Lawyer; Impermissible Referral Fees; Non- Refundable Retainer Digest: A lawyer violates Rule 5.4(a), which prohibits a lawyer from sharing legal fees with a non-lawyer, if she pays a percentage of a legal fee to an online service owned by non-lawyers, on which attorneys can bid … Continued
Topic: Engagement letters; Recording attorney-client communications; Withdrawing from employment; Advance consent to withdrawal. Digest: A lawyer’s engagement letter or retainer agreement may prohibit the client from making audio or video recordings of communications between the lawyer and client provided the engagement letter or retainer agreement: (a) does not mislead the client regarding circumstances under … Continued
Topic: Part-Time Judge; Part-Time Public Defender; Conflict of Interest Digest: A part-time assistant public defender whose law partner is both his cousin and a part-time town court judge may not represent clients of the public defender’s office in the town court where his cousin/law partner and his cousin’s co-judge serve because that representation would violate … Continued
Topic: Confidential information; publication of article about issues arising in a case handled by the lawyer Digest: After the termination of the representation, a lawyer may publish an article that discusses legal issues in the representation, as long as the article does not reveal confidential information without the consent of the client. Confidential information does … Continued
TOPIC: Paying for a recommendation or referral. DIGEST: A website that promises to connect potential clients with attorneys whom the website claims have excellent qualifications and are carefully vetted, constitutes an “advertisement” on behalf of the lawyers available through the website (see Rule 1.0(a) and Rule 7.1), and the lawyers’ payment to the business providing … Continued