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
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #130 – 03/19/1970 (9-70) Topic: Part-time District Attorney Conflict of Interest appearance, conflict of interests, criminal practice, part-time public official or employee, prosecutors, public Digest: Not proper for a part-time district attorney to represent a person certified as an addict under the Mental Hygiene Law … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #129 – 03/19/1970 (7-70) restrictive covenant Topic: Restrictive Covenant Partnership Agreement Digest: Partnership agreement may not restrict a lawyer after leaving partnership from accepting partnership clients except on retirement Code: EC 2-26; 2-31, DR 2-108 (A) QUESTION May a partnership agreement restrict a lawyer after … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #128 – 03/19/1970 (6-70) accounting, business interests, conflict of interests, dual practice, lawyer-accountant relationship, solicitation Modified by 206 Overruled (in part) by 494 Topic: Dual Practice: AccountantLawyer Digest: Improper for a lawyer to indicate practice of both law and accounting in one office Code: DR … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #127 – 03/19/1970 (4-70) advertisements, bar, holding out, multi-state law firm Topic: Announcements: Format, Distribution, Multi-state admission Digest: Format and proposed mailing of professional announcement proper Code: Canon 2, DR 2-102 (A)(2),(D), Former Canon 33 QUESTION A law firm inquires as to the propriety of … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #126 – 03/19/1970 (3-70) claims, existing clients, illegal conduct, unlawful or illegal conduct Topic: Usurious documents, preparation of Digest: Improper to prepare documents known to be usurious Canon: DR 7-102 (A) EC 7-4, 9-2 QUESTION May an attorney prepare usurious mortgage papers for a client? … Continued
NEW YORK BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #179 – 03/01/1970 (7-71) delegation Topic: Delegation of Professional Functions Digest: Professional functions cannot be delegated to a client Code: EC 3-6 QUESTION May a lawyer permit a client to use the lawyer’s letterhead and affix the lawyer’s name in sending out a standard series of … Continued