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
Topic: Conflicts of Interest; Former District Attorney in Public Defender’s Office Digest:A former district attorney may be employed by a public defender’s office in the same county. The former district attorney shall not personally represent a public defender client in a matter in which he was personally and substantially involved as district attorney or in … Continued
#1256 Topic: Lawyer purchasing claims from clients of his law firm through a company he owns and then prosecuting those claims by retaining the law firm, or by retaining another law firm with which the lawyer has no affiliation. Digest: A lawyer may not purchase claims through a company he owns from clients of a … Continued
Topic: Romantic Relationship Between Criminal Defense Attorney and County Deputy Sheriff Digest:Where a criminal defense attorney is in a romantic relationship with a county deputy sheriff, the attorney must determine if a reasonable lawyer would conclude there is a significant risk that the attorney’s independent professional judgment on behalf of the client will be adversely … Continued
Topic: Affiliation with a lawyer not admitted in New York Digest: A New York-admitted lawyer may affiliate and share fees with an out-of-state lawyer residing in New York and practicing immigration law in New York only if (1) neither the lawyers nor their firm would be engaged in the unauthorized practice of law (which is … Continued
Topic: Conflicts of interest among family members Digest: A lawyer who represents the Executor of an estate and simultaneously represents a beneficiary of the estate in an unrelated matter does not have a concurrent conflict of interest. “Differing interests” may arise where lawyer simultaneously represents both an estate’s Executor/beneficiary and a co-beneficiary as co-defendants in … Continued
Topic: Referral Fees Digest: A licensed attorney who only provides nonlegal services to real estate clients may receive referral fees from a third-party investment advisor. Rules: 1.7, 1.8, 5.7 FACTS: The inquirer is a member of the New York State bar but does not engage in the practice of law. Instead, the inquirer works as a … Continued
Topic: YouTube channel; general legal information; advertising Digest: As a general proposition, creating videos for a YouTube channel to educate the public or legal profession about matters of general or specific interest is a permitted activity and does not necessarily constitute “advertising” as that term is defined in the Rules of Professional Conduct, but in … Continued
Topic: Multi-jurisdictional practice; partnership with non-United States lawyers; imputation of conflicts Digest: The New York Rules of Professional Conduct (the “Rules”) govern the conduct of an attorney admitted to practice only in New York who partners with a non-United States law firm. Whether the Rules permit a New York lawyer to form a partnership with … Continued
Topic: Confidentiality; joint clients; return of clients’ files when there has been joint representation Digest: In a joint representation, there is a presumption that the lawyer will share confidential information received from each co-client with the other co-client, but that presumption does not extend to confidential information the lawyer received prior to the inception of … Continued