Category: Ethics Opinions

Ethics Opinion 1289: Entity owned and operated by attorney that provides law-related services. Splitting fees from law-related services with nonlawyers. Paying referral fees to attorney owner of law-related entity

  Opinion 1289 (12/23/2025) Topic: Entity owned and operated by attorney that provides law-related services. Splitting fees from law-related services with nonlawyers. Paying referral fees to attorney owner of law-related entity. Digest: When an attorney owns or controls an entity that provides nonlegal services, the attorney must comply with the New York Rules of Professional … Continued

Ethics Opinion 1288: Nonlawyer ownership of a Professional Corporation

Opinion 1288 (12/19/2025) Topic: Nonlawyer ownership of a Professional Corporation Digest: An irrevocable testamentary trust established as part of an estate plan for an attorney who is a minority shareholder in a professional corporation may not, upon his death, take over his ownership interest in the professional corporation for the benefit of an attorney employee … Continued

Ethics Opinion 1287: Whistleblower Using Confidential Information of Former Client

  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

Ethics Opinion 1285: Conflicts of Interest; Imputation of Conflicts of Interest

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

Ethics Opinion 1284: Multi-Jurisdictional Practice; Referral Fees; Division of Fees

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

Ethics Opinion 1283: Attorney’s Referrals to Title Abstract Company Owned by Referring Attorney

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

Ethics Opinion 1282: Disclosing Confidential Information to Non-Legal Staff

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