NEW YORK STATE BAR ASSOCIATION Opposing party Committee on Professional Ethics Opinion #735 (01/12/2001) Topic: Communications in noncriminal matters with independent contractors of adverse parties Digest: Lawyer in civil litigation may properly communicate with independent contractor of adverse corporate party unless lawyer knows independent contractor has retained counsel in the matter or, under the … Continued
Opinion 736 (1/3/01) Mediation Modifies: N.Y. State 258 (1972) Topic: Mediation; matrimonial matters Digest: Lawyer mediator may not draft and file separation agreement and divorce papers on behalf of spouses as joint clients unless the lawyer can satisfy the “disinterested lawyer” test of DR 5-105(C) Code: DR 5-101(A), DR 5-105(A) & (C), EC-5, 20 QUESTIONS … Continued
NEW YORK STATE BAR ASSOCIATION Duty of lawyer, Legal assistance organization (qualified), malpractice Committee on Professional Ethics Opinion #734 (11/01/2000) Topic: Attorney’s obligation to report to a client a significant error or omission that may give rise to a possible malpractice claim. Digest: A legal services organization is subject to the same ethical standards as … Continued
NEW YORK STATE BAR ASSOCIATION Employee Committee on Professional Ethics Opinion #733 (10/05/2000) Topic: Sharing legal fees with non-lawyer employees Digest: Non-lawyers may be compensated based on a profit sharing arrangement but may not be paid a percentage of profits or fees attributable to particular client matters referred by the employee. Code: DR 2?103(B); DR … Continued
NEW YORK STATE BAR ASSOCIATION Name, use of Committee on Professional Ethics Opinion #732 (09/28/2000) Topic: Trade name; firm name Digest: A lawyer named “X” whose law firm includes a number of associates may practice under the name “The X Group” Code: DR 2-102(A); DR 2-102(B); EC 2-11 QUESTION Under DR 2-102(B), may an attorney … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, employee, real estate Committee on Professional Ethics Opinion #731 (07/27/2000) Topic: Conflict of interest; referral of real estate clients to attorney-owned abstract company; employees of lawyer. Digest: Lawyer may not compensate employees for soliciting parties to real estate transaction to engage services of title insurance agency in … Continued
NEW YORK STATE BAR ASSOCIATION Restrictive covenant, settlement agreements Committee on Professional Ethics Opinion #730 (07/27/2000) Topic: Settlement agreements; restrictive covenants. Digest: Attorney may not enter into settlement agreement that restricts attorney’s right to practice law by prohibiting future representation of clients in cases where attorney might use information not protected as a confidence or … Continued
NEW YORK STATE BAR ASSOCIATION Disbursements, fees, interest Committee on Professional Ethics Opinion #729 (05/10/2000) Topic: Fees ?? interest on disbursements in contingency fee cases. Digest: Not improper for a lawyer to charge interest on disbursements in contingency fee matters under certain conditions. Code: DR 2?106(A), (B) & (D). QUESTION May a lawyer charge … Continued
NEW YORK STATE BAR ASSOCIATION Communication, opposing party Committee on Professional Ethics Opinion #728 (05/10/2000) Topic: Communicating with represented party; communicating with unrepresented party; advice to non-client concerning risk of self-incrimination Digest: In civil hearing under General Municipal Law, if pro se civil claimant against municipality faces criminal charges relating to the subject of the … Continued
NEW YORK STATE BAR ASSOCIATION Accounting, fees, lawyer-accountant relationship, non-lawyer, referral Committee on Professional Ethics Opinion # 727 – 02/04/2000 Topic: Referral of personal injury matters by accounting firm in return for sharing of fees. Digest: Attorney may not accept referral from accounting firm in return for agreement to share contingent fees with accounting firm … Continued