NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #140 – 05/28/197 appearance, estate 0 (18-70) Topic: Wills; Draftsman as attorney for estate Digest: Care should be taken to avoid appearance of impropriety in providing that draftsman be employed as attorney for estate Code: EC 5-6 QUESTION May a lawyer insert a provision in … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #139 – 05/28/1970 (16-70) Topic: Conflict of interest; Confidences and secrets of client existing clients, confidences, conflict of interests, representation Digest: Attorney may accept professional employment in litigation in which a defendant is a former client where such employment does not require disclosure of confidential … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #138 – 05/28/1970 (5-70) Topic: Letterhead: LL.M Degree advertisements, holding out, labor, law degree, specialization Digest: Not permissible to use a designated specialty on firm letterhead where the specialty is based on a degree earned. Code: DR 2-102 (A) ( 6), DR 2-102 (F), DR … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #137 – 05/28/1970 (5-69) Topic: Judges – Partisan Politics appearance, endorsement of political candidates by, judges, political activity Digest: Incumbent judges may not purchase tickets to political-social functions nor may they belong to political clubs Judicial Canons: 4, 13, 24, 25 and 28 Code: Canon … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #136 – 04/09/1970 (15-70) Topic: Letterheads; Deceased partner’s name. Digest: Propriety of letterhead of firm in containing name of deceased partner. advertisements, deceased attorney, name, partnership advertisements, deceased attorney, name, partnership Code: DR 2-102 QUESTION A partner of a law firm recently died. May his … Continued
NEW YORK BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #135 – 04/09/1970 (14-70) advertisements, business interests, conflict of interests, dual practice, insurance, real estate Modified by implication by 206 Overruled (in part) by 493 Topic: Real estate office; Advertising; Insurance agency; Dual practice.Digest: In advertising a real estate or insurance office in which he is … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #134 – 04/09/1970 (13-70) Topic: Fee splitting; Sharing fees; Forwarding fees.Digest: Proper to share a fee with another lawyer provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable. Code: EC 2-22, … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #133 – 04/09/1970 (12-70) Topic: Financing litigation; Loans to clients; Endorsing client’s notes. Digest: Improper to loan or advance funds to client; exceptions thereo. Code: DR 5-103 (B) EC 5-8 QUESTION May an attorney representing a claimant in a negligence case assist the client financially … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #132 – 04/09/1970 (11-70) Topic: Conflict of interest; Appearance of impropriety; Public employeesDigest: Improper for a lawyer leaving public employment to accept employment in connection with a matter over which he had substantial responsibility while in officeCode: Canon 9, EC 9-3, DR 9-101 (B) QUESTIONAn … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #131 – 04/09/1970 (1-70) Topic: Process serving agency; Conflict of interest; Appearance of impropriety; Solicitation of business; Business interestsDigest: An attorney may not use an agency for the service of process in which he has an interest without divulging same to clientCode: EC 5-19; 2-8; … Continued