Topic: Lawyer Acting Solely as Broker in Real Estate Transaction and Holding Funds for Transaction Expenses Digest: A lawyer who receives funds from a client to cover expenses related to a real estate transaction in which the lawyer is not representing the client cannot hold those funds in an attorney trust account but may place … Continued
Topic: Non-attorney Interference with the Independent Professional Judgment of a Lawyer; Sharing Client Information with Third Parties in a Non-Profit Organization Digest: A lawyer who works in a non-profit organization that performs research to be shared with the public, and that receives its funding from grants and donations, must not allow a non-attorney supervisor or … Continued
Topic: Lawyer with N.Y. Admission but Non-U.S. Domicile Serving as of Counsel to NY Law Firm Digest: A lawyer admitted to practice law in New York but domiciled in France may enter into an agreement to remotely provide legal services for a New York-based law firm and may be designated as “Of Counsel” provided that … Continued
Topic: Provision of integrated legal, tax, and financial planning services Digest: An attorney’s provision of integrated legal, tax, and financial planning services would, under Rule 5.7 of the New York Rules of Professional Conduct (the “Rules”), very likely result in all of such attorney’s services being subject to the Rules. In determining whether the Rules … Continued
Topic: Virtual law office; advertising a VLO as the lawyer’s office address Digest: A New York lawyer’s website, advertisements, letterhead, and business cards may designate and hold out a virtual law office (“VLO”) as the lawyer’s physical office address, even if the lawyer works primarily from home in New York. As long as the … Continued
Opinion 1300 (08/31/2026) Topic: Imputation of conflicts when the relative of an attorney in a public defender office is a government official Digest: If a public defender office is a government office (as opposed to a non-government public defender office), then a public defender’s conflict of interest arising under Rule 1.7(a)(2) based on personal interests … Continued
Committee on Professional Ethics Opinion 1299 (08/31/2026) Topic: Description of foreign lawyer who has passed bar examination but is not admitted Digest: If a lawyer’s bill is sufficiently detailed, a lawyer may charge the client for time spent explaining the lawyer’s bill, after putting the client on notice that the time will be billed, insofar … Continued
Committee on Professional Ethics Opinion 1298 (08/11/2026) Topic: Description of foreign lawyer who has passed bar examination but is not admitted Digest: A candidate for admission to the New York State Bar who has passed the UBE, MPRE and NYLE may identify himself with the notation, “Passed the NY state bar examination (passed not admitted).” … Continued
Committee on Professional Ethics Opinion 1297 (07/22/2026) Topic: Advising private client regarding deceptive conduct while investigating alleged fraud involving federal government funds in violation of False Claims Act Digest: Currently, no authority under the New York Rules of Professional Conduct (the “Rules”) would permit the inquirer to induce, assist or supervise a client in engaging … Continued
Committee on Professional Ethics Opinion 1296 (07/08/2026) Topic: Representing an Alleged Incapacitated Person in Article 81 proceedings Digest: In a proceeding under Article 81 of the Mental Hygiene Law, an attorney for an alleged incapacitated client may not advocate for the appointment of a guardian or other restriction if the client opposes it. Rules: 1.2(a), … Continued