Category: Ethics Opinions

NYSBA Ethics Opinion 47

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #47 – 01/26/1967   (10-66) communication, opposing counsel, opposing party Topic:  Communications with Opposing Party Digest:  Lawyer may not communicate with opposing party without permission of opposing counsel, even where lawyer suspects violation of a canon of ethics, until case is settled Canon: Former Canon 9 … Continued

NYSBA Ethics Opinion 46

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #46 – 01/26/1967 (5-66) advertisements, education, mailing, name Overruled (in part) by 540Topic: Pamphlets, Education of Lay Public and Clients Digest: Proper for lawyer to mail pamphlets to clients and make pamphlets available in office where name does not appear on pamphlets and purpose is … Continued

NYSBA Ethics Opinion 29a

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #29(a) – 01/26/1967 (6-67) appearance, conflict of interests, criminal practice, judges, partnership Topic: Impropriety Between Counsel and Bench; Associate of Part-Time Judge Digest: Improper for an associate to appear before Justice of the Peace where other Justice of the Peace is partner in the associate’s … Continued

NYSBA Ethics Opinion 44

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #44 – 01/26/1967 (22-66) existing clients, employee, law clerk, law practice, law student, real estate Topic: Duties of Law Clerk Digest: Law clerk’s role is that of student, and attorney must provide supervision and not permit clerk be involved in matters involving independent discretion or … Continued

NYSBA Ethics Opinion 43

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #43 – 01/26/1967 (24-66) duty of lawyer, employment, indigents, intermediary, law practice, legal services, litigation Topic: Legal Services for Indigents Digest: Lawyers may participate in the work of community law offices for the poor if the Appellate Division grants such approval Canon: Former Canons 27, … Continued

NYSBA Ethics Opinion 42

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #42 – 01/18/1967 (15-66) advertisements, existing clients, mailing, matrimonial matters, service to lawyers Topic: Advertising, Notice of Mexican Divorce Service Digest: Lawyer’s announcement of specialty in Mexican divorces is improper even if mailed only to other attorneys Canon: Former Canons 27, 42 QUESTION A local … Continued

NYSBA Ethics Opinion 41

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #41 – 12/28/1966 (14-66) advertisements, bar, holding out, multi-state law firm Overruled by 434 Topic: Advertising, Letterhead of Lawyer Admitted to Practice in Two States Digest: Improper for letterhead to contain statement that lawyer is admitted to practice in another state Canon: None QUESTION Is … Continued

NYSBA Ethics Opinion 40

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #40 – 12/22/1966 (20-66) appearance, conflict of interests, client consent, criminal practice, employee, municipality, part-time public official, prosecutors, public Topic: Conflict of Interest, Partner of Part-Time Dist. Atty. Digest:  Partner of part-time Asst. Dist. Attorney may not appear in defense of clients in traffic or … Continued

NYSBA Ethics Opinion 39

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #39 – 12/20/1966 (17-66) appearance, conflict of interests, judges Topic:  Conflict of Interest, Practice of Law by Part-Time Judge Digest:  Part-time judge should not be employed in any matter which might be brought before court of which he is a member Canon: Judicial Canon 31 … Continued

NYSBA Ethics Opinion 38

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #38 – 12/06/1966 (6-66) conflict of interests, client consent, dual representation, multiple representation, real estate, representation, title adverse interests, conflict of interests, client consent, real estate, representation Topic: Conflict of Interest, Representation of Adverse Parties Digest: Lawyer may not represent both buyer and seller of … Continued