NEW YORK STATE BAR ASSOCIATION Choice of law rules Committee on Professional Ethics Opinion #750 – 12/14/2001 Topic: Application of disciplinary authority and choice of law rules. Digest: Where conduct of a lawyer licensed in New York clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the ethics … Continued
NEW YORK STATE BAR ASSOCIATION Computers, education, electronic documents Committee on Professional Ethics Opinion #749 – 12/14/2001 Topic: Use of computer software to surreptitiously examine and trace e-mail and other electronic documents Digest: Lawyers may not ethically use available technology to surreptitiously examine and trace e-mail and other electronic documents. Code: DR 1-102(A)(4), DR 1-102(A)(5), … Continued
New York State Bar Association Conflict of interest, former prosecutors Committee on Professional Ethics Opinion 748 (11/5/01) Topic: Former prosecutors; conflict of interest. Digest: A former prosecutor may represent criminal defendants investigated and prosecuted during former prosecutor’s tenure with a district attorney’s office if he or she did not participate personally and substantially in the … Continued
NEW YORK STATE BAR ASSOCIATION Fees, matrimonial matters Committee on Professional Ethics Opinion # 747 – 11/05/2001 Topic: Contingent Fees; Domestic Relations Overrules: N.Y. State 443 Modifies: N.Y. State 690 Digest: Lawyer may not agree to a contingent fee retainer to collect maintenance, child support and/or alimony due based upon an already rendered final judgment … Continued
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