Category: Ethics Opinions

Ethics Opinion 163

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #163 – 10/09/1970 (10-70) existing clients, duty of lawyer, employment, intermediary, labor, lawyer referral service, legal services Modified by 416 Topic: Labor Union Group Legal Services Plan Digest: Lawyer may cooperate with union’s plan to furnish members free legal services, only if matters are reasonably … Continued

Ethics Opinion 162

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #162 – 10/09/1970 (42-70) adverse interests, conflict of interests, consent, dual representaiton, duty of lawyer, real estate, representation Topic: Dual Representation Digest: An attorney may represent both buyer and seller of real property only when there is no actual or potential differing interests and there … Continued

Ethics Opinion 161

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion # 161 – 10/09/1970 (40-70) adverse interests, communication, confidences, conflict of interests, consent, representation, secrets Topic: Conflict of Interest, Confidences of Client Digest: Representation of passengers in action against friend, insured driver, improper after lawyer interviewed and acted in behalf of driver Code:  DR 4-101 … Continued

Ethics Opinion 160

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #160 – 10/09/1970 (37-70) communicaiton, opposing party Topic: Communication with Adverse Party Digest: Attorney may not contact adverse party after the designation of counsel Code:  DR 7-104 (A) (1) Former Canon 9 QUESTION Does the Code of Professional Responsibility, DR 7-104 (A) (1), permit a … Continued

Ethics Opinion 158

NEW YORK STAE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #158 – 10/09/1970 (35-70) conflict of interests, judges Topic: Can a Judge Own an Interest in an Entity that Sells Liquors at Retail or at a Bar? Digest: A judge may own such an interest if it is legal and the nature of such interest … Continued

Ethics Opinion 156

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #156 – 10/09/1970 (45-70) confidences, conflict of interests Topic: Representation in Action Against Former Client Digest: Not proper to be attorney in action against former client who previously discussed matter with attorney Code:  EC 4-6; DR 5-105 (D) QUESTION An attorney’s former firm represented an … Continued

Ethics Opinion 155

NEW YORK S’TATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #155 – 10/09/1970 (39-70) existing clients, duty of lawyer waiver of defense Topic:  Waiver of Defenses Digest: Client may direct lawyer to waive technical defenses Code:  EC 7-8 QUESTION Is a lawyer bound by a client’s instructions to defend all suits on the merits and … Continued

Ethics Opinion 154

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #154 – 10/09/1970 (2-70) advertisements, business interests, corporation, dual practice, mailing, solicitation Topic: Solicitation of Clients by Mail Digest: Impropriety of lawyer “as general counsel” to solicit subscriptions for and sub­scribers to a tax information service of which he is the general counsel Code:  DR … Continued

Ethics Opinion 153

NEW YORK STATE BAR ASSOCIAT’ION Professional Ethics Committee Opinion Opinion # 153 – 09/08/1970 (38-70) Topic: Advise to Client Digest: Lawyer has duty to advise client of reputation of person with whom client is about to do business Code: EC 2-26; EC 2-32; DR 2-110 (C) (1) (e); EC 5-1; EC 7-8 QUESTION Does an … Continued

Ethics Opinion 152

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #152 – 09/08/1970 (32-70) appearance, criminal practice, partnership, part-time public, prosecutors, public Topic: Conflict of Interest Appearance of Impropriety District Attorneys Digest: Assistant district attorney’s firm representing a defendant in another county Code: Canon 9, DR 9-101, EC 9-2 QUESTION An assistant district attorney is … Continued