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
Opinion 1277 (11/26/2024) Topic: Crowdfunding on behalf of indigent clients Digest: A non-profit criminal defense organization may set up and administer GoFundMe pages for the benefit of indigent current clients, provided that the financial assistance is rendered as gifts, not loans, and the financial assistance does not promise financial assistance prior to retention or as … Continued
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