Opinion 1287 (10/21/2025) Topic: Whistleblower using confidential information of former client Digest: A New York lawyer may not ethically act as a relator in a qui tam action under the False Claims Act (31 U.S.C. §§ 3729–3733) against a former client, where the information used to support the claim was obtained during the course of the prior representation, unless … Continued
Opinion 1286 (09/29/2025) Topic: Requesting former clients to write Google reviews Digest: A lawyer may ask a former client to write a Google review of the lawyer’s services, and may offer the former client a nominal gift for doing so, provided the lawyer does not draft the Google review for the client or condition … Continued
Opinion 1285 (09/29/2025) Topic: Conflicts of Interest; Imputation of Conflicts of Interest Digest: A lawyer who is employed by a private law firm that represents various municipalities in New York State may accept appointments as assigned counsel to represent indigent persons in criminal court provided the lawyer complies with the New York Rules of Professional … Continued
Opinion 1284 (09/16/2025) Topic: Multi-Jurisdictional Practice; Referral Fees; Division of Fees Digest: Lawyers admitted in New York and a foreign jurisdiction who associate with a lawyer admitted only in the foreign jurisdiction may divide a fee with that lawyer because Rule 1.5(g) explicitly permits lawyers associated in the same law firm to share fees. But the … Continued
Opinion 1283 (08/20/2025) Topic: Attorney’s Referrals to Title Abstract Company Owned by Referring Attorney Digest: An attorney who owns an interest in a title abstract agency that brokers title insurance may not simultaneously (i) represent a client in a real estate transaction and (ii) act as agent for a title insurance underwriter in the same … Continued
Opinion 1282 (07/07/2025) Topic: Disclosing Confidential Information to Non-Legal Staff Digest: A New York lawyer working in another state for a non-profit organization that operates both an immigration legal clinic and a shelter for non-citizens may not share information gained during or relating to the legal clinic’s representation with the shelter’s nonlawyer staff unless (1) … Continued
Opinion 1281 (04/09/2025) Topic: Payments from a lawyer’s trust account; Pay.gov Digest: With the client’s prior written approval, a lawyer may make an otherwise proper payment of funds from the lawyer’s trust account in the form of an online payment through Pay.gov Rules: 1.15(c), (d) & (e) FACTS: The inquirer’s clients are criminal defendants whom … Continued
Opinion 1280 (03/31/2025) Topic: Conflicts of interest, class actions Digest: Under the New York Rules of Professional Conduct a lawyer may in some circumstances proceed pro se while also representing individual co-plaintiffs or co-defendants in the same matter. But whether a lawyer could proceed pro se as a class representative and also represent the class … Continued
Opinion 1279 (02/18/2025) Topic: Prohibited referral fees Digest: A promise by a lawyer to pay a nonlawyer referrer to perform “administrative” work in connection with each matter referred to the lawyer constitutes a thing of “value” as compensation for or as a reward for a referral and thus violates Rule 7.2(a). Rules: 7.2(a) FACTS: The … Continued
Opinion 1278 (02/05/2025) Topic: Disclosure of prior relationship with witness. Digest: Under Rule 3.8(b), a prosecutor is required to timely disclose her past romantic relationship with a law enforcement officer in any case where the officer is to be a witness whose testimony could be subject to challenge. Rules 3.3(a)(1) and 3.4(a)(3) may also be … Continued