NEW YORK STATE BAR ASSOCIATION Clients, competency, guardian, power of attorney Committee on Professional Ethics Opinion #746 – 07/18/2001 Topic: Representing incapacitated client; petitioning for appointment of guardian; attorney?in?fact under durable power of attorney; representation of oneself as attorney-in-fact/petitioner Digest: Lawyer serving as client’s attorney?in?fact may not petition for appointment of guardian without client’s consent … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, fees Committee on Professional Ethics Opinion #745 – 07/18/2001Topic: Conflict of Interest; referral fee Digest: A lawyer who is disqualified from a matter on non-consentable conflict of interest grounds may not receive a referral fee. A lawyer with a consentable conflict of interest who nevertheless refers … Continued
NEW YORK STATE BAR ASSOCIATION Costs, litigation Committee on Professional Ethics Opinion #744 – 05/25/2001 Topic: Litigation costs Digest: When plaintiff retains lawyer to bring multiple lawsuits, plaintiff must ultimately be responsible for all litigation expenses, but lawyer may agree that expenses arising from unsuccessful lawsuits will be paid out of recoveries obtained in successful … Continued
NEW YORK STATE BAR ASSOCIATION Labor Committee on Professional Ethics Opinion #743 – 05/25/2001 Topic: Labor union; lawyer for organization. Digest: Union attorney who represents union member in an arbitration proceeding must keep union member’s confidences. Union attorney who represents union in grievance proceeding under collective bargaining agreement must make clear to union member who … Continued
NEW YORK STATE BAR ASSOCIATION Confidences Committee on Professional Ethics Opinion #742 – 05/25/2001 Topic: Confidentiality; Duty to report violations of law Digest: Lawyer who learns in the course of representing client that a third party non-lawyer has violated applicable law may not report same if the information would be protected as a confidence or … Continued
NEW YORK STATE BAR ASSOCIATION Referral, solicitation Committee on Professional Ethics Opinion # 741 – 05/25/2001 Topic: Referrals; solicitation. Digest: Lawyer may not participate in a business network that requires reciprocal referrals. Code: DR 1-102(A)(2), 2-103(A), (B), 5-101(A), 6-101(A). QUESTION May an attorney ethically participate in a business network that requires members to refer … Continued
NEW YORK STATE BAR ASSOCIATION Advertisements, name, use of Committee on Professional Ethics Opinion #740 – 04/23/2001 Topic: Advertising; firm name Digest: A lawyer may not place an advertisement in the Yellow Pages in which the lawyer uses the firm name “A”, or inserts the letter “A” before the firm name, in order to insure favorable placement. … Continued
NEW YORK STATE BAR ASSOCIATION Fees, lawyer refferal service, matrimonial matters Committee on Professional Ethics Opinion #739 – 04/16/2001 Topic: Lawyer referral service; legal fees, domestic relations Digest: Lawyer who represents low or moderate income individual in matrimonial action for a reduced fee may include in retainer agreement provision contemplating an application to the court … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, real estate Committee on Professional Ethics Opinion #738 – 04/16/2001 Topic: Conflict of interest: referral of clients to title abstract company owned by attorney’s spouse Digest: Improper for attorney to refer real estate client to title abstract company in which the attorney’s spouse has an ownership interest … Continued
NEW YORK STATE BAR ASSOCIATION Escrow funds Committee on Professional Ethics Opinion #737 (02/01/2001) Topic: Escrow accounts Digest: A lawyer may not issue a check from an attorney escrow account drawn against a bank or certified check that has not been deposited or has not cleared. Code: DR 9?102 QUESTION In payment of a … Continued