Topic: Partnership with Non-U.S. Lawyer; partner who is also a member of a firm with non- lawyer ownership or management; whether business management and strategy may be the practice of law; affiliation of law firms; co-naming of law firms; billing for services of another law firm. Digest: Rule 7.5(d) recognizes a partnership between a lawyer … Continued
Topic: Legal Fees, Minimum Fees, Nonrefundable Fees Digest: A lawyer may charge a minimum fee to provide a defined legal service provided (a) the service is performed as agreed; (b) the engagement letter provides in plain language how the minimum fee will be calculated and the circumstances under which it will be “incurred”; and (c) … Continued
Topic: Referral fees paid to retired lawyers Digest: A retired lawyer may receive a referral fee as long as the retiree maintains joint responsibility for the referred matter. Rules: 1.5, 5.1, 5.4 FACTS: The inquirer was a sole New York lawyer who practiced contingency-fee personal injury law in New York. While in practice, the inquirer handled … Continued
Topic: Public Defender; Part-Time Judge; Conflict of Interest Digest: A part-time assistant public defender whose law partner is a part-time town court judge is precluded from representing clients of the public defender’s office in the town court where the part-time judge serves because such representation would appear to violate Judiciary Law § 471 and the … Continued
Topic: Conflicts; Town Attorney Digest: A town attorney is prohibited from representing a private client before boards of a neighboring town with respect to zoning and land use matters if the town attorney has conflicting personal interests, unless the conflict is consentable and the town attorney obtains informed consent from both the town board that … Continued
Topic: New York attorney with out-of-state office; attorney advertising and letterhead Digest: A lawyer who is admitted to practice in both New York and Florida, but whose only physical office is in Florida, may state on the letterhead of his Florida office that he is “admitted to the New York Bar,” provided that this statement … Continued
Topic: Duty to protect client information stored on a lawyer’s smartphone Digest: If “contacts” on a lawyer’s smartphone include any client whose identity or other information is confidential under Rule 1.6, then the lawyer may not consent to share contacts with a smartphone app unless the lawyer concludes that no human being will view that … Continued
Topic: An Attorney’s Ethical Obligation When a Court Orders Forensic Analysis of Hard Drive Containing Client Confidential Information Digest: An attorney in receipt of a court order directing production of his hard drive containing the confidential information of clients who have not waived privilege or consented to disclosure, has the obligation to advise non-waiving clients … Continued
Topic: Conflict of interest; full-time attorney in county attorney’s office with part-time outside practice Digest: A full-time lawyer in a county attorney’s office who represents the county in civil litigation in state and federal courts may represent private clients in Family Court, or accept appointments as assigned counsel to represent indigent persons in Family Court, … Continued
Topic: Conflict of interest and referral fees; serving as lawyer on a real estate transaction referred by real estate broker associated with lawyer’s real estate agency Digest: A lawyer may not accept the referral of real estate closings from a real estate agent who is associated with a real estate company owned by the lawyer … Continued