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
Committee on Professional Ethics Opinion 1295 (03/12/2026) Topic: Conflicts of interest; advertising; trust account; opening a solo law practice Digest: A lawyer not admitted in New York but admitted in New Jersey and the District of Columbia who intends to work for a New York law firm and simultaneously operate his own law firm in … Continued
Committee on Professional Ethics Opinion 1294 (03/11/2026) Topic: Conflict analysis for per diem attorney Digest: Where an on-line platform collects information from users about workplace experiences and the platform then shares that information in anonymized form with employment lawyers, who pay to have the user’s identifying information disclosed if the user consents to such disclosure, … Continued
Opinion 1293 (02/13/2026) Topic: Conflict analysis for per diem attorney Digest: A per diem lawyer may not represent a client against a former client in a substantially related matter, or against a current client in any matter, absent the person’s informed consent, confirmed in writing. A per diem lawyer may not represent a client where … Continued
Opinion 1292 (02/12/2026) Topic: Payment of legal fees by service provider identified to client by lawyer Digest: A lawyer who handles matters for individuals with disabilities under federal or state law may enter into agreements with providers of compensatory services to the disabled to supplement the lawyer’s legal fees, and the lawyer may provide information … Continued
Opinion 1291 (01/30/2026) Topic: Participation in an Alternative Business Structure (ABS) Digest: A New York lawyer may hold a financial interest in an ABS which renders legal services in a jurisdiction where such provision of legal services is permitted. A New York lawyer may have a contractual relationship with such an entity pursuant to which … Continued
Opinion 1290 (1/23/2026) Topic: Multi-Jurisdictional Practice; Partnership with Non-U.S Lawyers Digest: Whether New York’s substantive law on limited liability partnerships permits a Korean law firm as an entity to be a member or partner of a New York LLP is a question of law beyond our jurisdiction. If it is permitted by law, if the … Continued
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
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
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