Category: Ethics Opinions

Ethics Opinion 208

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #208 – 11/22/1971 (29-7, 38-71) adverse interests, business interests, conflict of interests, dual practice, non-legal fees, real estate Topic: Dual Practice Conflict of Interest Digest: Lawyer-real estate broker should not act as both a lawyer and as a broker for a client or party in … Continued

Ethics Opinion 206

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion # 206 – 11/22/1971 (53-70, 56-70, 4-71, 22-71) accounting, adverse interests, appearance, business interests, collection, conflict of interests, dual practice, employment, insurance, non-lawyer, office sharing, real estate, shraing offices, solicitation Modifies #22 by implication Modifies #128 Modifies #135 by implication Overruled (in part) by 493, … Continued

Ethics Opinion 207

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #207 – 10/26/1971 (24-71) confidences, disclosure, duty of lawyer, fraud Topic: Duty of lawyer to disclose information concerning client to governmental agency Digest: Unless fraud is involved, lawyer has no affirmative duty to disclose information to governmental agency Code: DR 7-102(B)(1) QUESTION Does a lawyer … Continued

Ethics Opinion 205

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #205 – 10/26/1971 (40-71) adverse interests, children, confidences, conflict of interests, client consent, employment, representation Topic: Conflict of Interest Digest: Improper to represent both estate and claimant against estate in negligence action Code: EC 5-15; DR 5-105 QUESTION Where a lawyer represents the estate of … Continued

Ethics Opinion 204

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #204 – 10/26/1971 (37-71) education, self-laudation Topic: Authorship by Attorney of Educational Legal Cassette Digest: Attorney may participate in a legal educational series commercially sponsored Code: EC 2-2 DR 2-101(B) (5); 2-105 (A) (1); 2-105(A) (4) QUESTION May an attorney be retained by a corporation … Continued

Ethics Opinion 203

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #203 – 10/26/1971 (23-71) appearance, conflict of interetss, employee, judges, partnership Topic: Part-time judge Digest: Partner and associate of a part-time judge have same prohibitions as the judge Code: EC 9-2, 9-6 QUESTION May a partner or an associate of a part-time judge practice law … Continued

Ethics Opinion 199

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #199 – 09/30/1971 (33-71) adverse interests, bank, conflict of interests, client consent, duty of lawyer, mortgage, real estate, representation Topic: Conflicting Interests Digest: Cannot represent mortgagor and mortgagee without express consent after full disclosure. Code: DR 5-105 (C); DR 5-105 (D) QUESTION May an attorney … Continued

Ethics Opinion 197

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #197 – 09/30/1971 (31-71)Topic: Non-lawyer Town Justice; Candidacy for other Elective OfficeDigest: A Non-lawyer Justice of the Peace may not seek other elective office without first resigning as Justice of PeaceCanons of Judicial Ethics: 30QUESTIONMay a non-lawyer Town Justice accept a political nomination and actively … Continued

Ethics Opinion 196

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #196 – 09/30/1971 (30-71) advertisements, newspapers and news media, self-laudation Topic:  Newspaper Publicity Digest: Newspaper “releases” of attorney attending professional meeting improper Code:  EC 2-2; DR 2-101 (A) QUESTION May a lawyer attending a seminar, symposia convention, or other professional meeting release or cooperate in … Continued

Ethics Opinion 194

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #194 – 09/30/1971 (27-71) advertisements Topic: Law List Digest: Attorney may permit his name to appear on law list certified by the American Bar Association Code: EC 2-7; DR2-102 (A)(6); DR2-l03 (D); DR2-103 E) QUESTION Where a motor club prepares and distributes to its members … Continued