TOPIC: Paying for a recommendation or referral. DIGEST: A website that promises to connect potential clients with attorneys whom the website claims have excellent qualifications and are carefully vetted, constitutes an “advertisement” on behalf of the lawyers available through the website (see Rule 1.0(a) and Rule 7.1), and the lawyers’ payment to the business providing … Continued
TOPIC: Disclosing confidential information to government agency that is funding a client’s representation. DIGEST: An attorney may not report a client’s confidential information to a government agency that funds the representation of the client without the client’s informed consent. RULES: 1.0(j), 1.4, 1.6(a)-(b), 1.8(f), 1.9(c), 1.18(b) FACTS: The inquirer receives funding from a government agency … Continued
TOPIC: Conflicts of interest, former clients DIGEST: A lawyer formerly employed by a Legal Aid Society office would not have a conflict in representing a client in a matter adverse to a party who had been represented by other lawyers in that office at that time unless the lawyer, while at Legal Aid, acquired confidential … Continued
Withdraws N.Y. State 1258 Topic: Credit card fees as an “expense” Digest: A lawyer may pass on a merchant processing fee to clients who pay for legal services by credit card provided that both the amount of the legal fee and the amount of the processing fee are reasonable, and provided that the lawyer has … Continued
TOPIC: Listing of Degrees by Attorney Working in Nonlegal Capacity DIGEST: An attorney who has earned a juris doctor degree may use a “J.D.” designation on letterhead and business cards while working in a nonlegal capacity as long as the lawyer takes care to ensure that any relevant audience is not misled to believe that … Continued
TOPIC: Part-time town attorney’s representation of criminal defendants in centralized arraignment part. DIGEST: A part-time town attorney who has no prosecutorial responsibilities may, in his role as a part-time county public defender, represent criminal defendants at arraignments before a justice of the same town’s court even if that justice sometimes sits on rotation in a … Continued
TOPIC: Recognition of lawyer on not-for-profit organization’s website DIGEST: A lawyer may pay for an advertisement on the website of a not-for-profit organization that provides online medical information for victims of toxic chemicals. Separately, the lawyer may make a financial contribution to the not-for-profit organization in exchange for the organization’s agreement to list the lawyer … Continued
TOPIC: Conflicts of Interest DIGEST: An attorney may not represent a current criminal defense client in connection with providing testimony before a grand jury against a former criminal defense client unless the former client gives informed consent in writing and the disclosure of such representation will not be prejudicial or detrimental to the interests of … Continued
Topic: Responsibilities of a lawyer in a non-legal position Digest: A lawyer employed as a lawyer’s assistant to provide both legal services and nonlegal services to the supervising lawyer’s client is subject to the Rules set forth in the New York Rules of Professional Conduct. Because the services provided by the legal assistant are part … Continued
Topic: Collaboration between lawyer and paralegal Digest: Subject to various Rules regarding fee sharing, referral fees, solicitation, aiding the unauthorized practice of law, and supervision of nonlawyers, a lawyer may enter into a non-exclusive agreement with a paralegal who refers clients to the lawyer and completes forms for submission to judicial and non-judicial bodies. Rules: … Continued