NEW YORK STATE BAR ASSOCIATION Clients, funds of client, liens Committee on Professional Ethics Opinion # 717 – 04/15/1999 Topic: Medical liens; duty to pay funds to third party; missing lienor. Digest: Plaintiff’s attorney should pay holder of valid lien from settlement proceeds. If client disputes amount or validity of lien, attorney should remit to … Continued
NEW YORK STATE BAR ASSOCIATION Confidences, insurance Committee on Professional Ethics Opinion #716 – 03/03/1999 (12/12a-98) Topic: Lawyer’s submission of client billing records to outside auditor employed by insur-ance company. Digest: A lawyer representing an insured may not submit legal bills to an independent audit company employed by the insurance carrier without the consent of … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, law firm Committee on Professional Ethics Opinion #715 – 02/26/1999 (3-98) Topic: Conflict of interest; sub-contractor to multiple law firms Digest: A lawyer may be employed as a contract lawyer by one or more firms. The provisions of DR 5-105 and DR 5-108 apply to the lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Fees, witnesses Committee on Professional Ethics Opinion # 714 – 02/05/1999 (49-98) Topic: Compensation of lawyer as witness. Digest: Lawyer as witness may accept reasonable compensation for lost time. Code: DR 2-106; 5-101(B); 7-109(C)(2). QUESTION When a client (or former client) seeks to call a lawyer to testify concerning … Continued
NEW YORK STATE BAR ASSOCIATION Clients, duty of lawyer, employment Committee on Professional Ethics Opinion # 713 – 02/05/1999 (56-98) Topic: Circumstances justifying non-compliance with client’s instructions. Digest: Lawyer should comply with client’s direction to forego title searches. Code: DR 2-110(C)(1)(e), 7-101(B), 7-102(A)(7); EC 7-1, 7-8. QUESTION A lawyer has drafted a deed for … Continued
NEW YORK STATE BAR ASSOCIATION Adverse interests, conflict of interest, partnership Committee on Professional Ethics Opinion # 712 – 01/07/1998 (38-98) Topic: Conflict of interest; financial interest. Digest: Where lawyer is beneficiary of trust holding stock in corporations which may become clients or opponents of clients, lawyer has no conflict of interest or disclosure … Continued
NEW YORK STATE BAR ASSOCIATION Insurance Committee on Professional Ethics Opinion # 711 – 01/07/1998 (41-98) Topic: Conflict of interest; dual practice as lawyer and insurance agent. Digest: Lawyer representing clients in estate planning may not sell long-term care insurance to clients. Code: DR 5-101(A); DR 5-104(A). QUESTION May a lawyer who is licensed … Continued
NEW YORK STATE BAR ASSOCIATION Escrow funds Committee on Professional Ethics Opinion #710 – 11/06/1998 (35-98) Topic: Lawyer as escrow agent; Release of funds in escrow to client . Digest: Absent authorization by all parties, lawyer who serves as escrow agent may not release funds to client except as provided in the escrow agreement; while … Continued
NEW YORK STATE BAR ASSOCIATION Advertisements, communication, confidences, internet, law practice Committee on Professional Ethics Opinion #709 – 09/16/1998 (55-97) TOPIC: Use of Internet to advertise and to conduct law practice focusing on trademarks; use of Internet e-mail; use of trade names DIGEST: Attorney may operate and advertise a trademark practice over the Internet, … Continued
NEW YORK STATE BAR ASSOCIATION Adoptions, conflict of interest Committee on Professional Ethics Opinion #708 – 09/15/1998 (52/52a-97) TOPIC: Representation of both foster care agency and adoptive parents DIGEST: A lawyer representing a foster care agency in extra-judicial surrender proceedings or termination of parental rights proceedings may not concurrently or subsequently represent prospective adoptive parents … Continued