Category: Ethics Opinions

Opinion 707

NEW YORK STATE BAR ASSOCIATION Law practice, sale of Committee on Professional Ethics Opinion #707 – 09/15/1998 (28-98) Topic:       Sale of portion of law practice Digest:     A lawyer may not sell a portion of a law practice Code:       DR 2-111; EC 4-6 (former) QUESTION May a lawyer who contemplates limiting the fields of law in which he … Continued

Opinion 706

NEW YORK STATE BAR ASSOCIATION Judges Committee on Professional Ethics Opinion #706 – 09/15/1998 (19-98) Topic:       Entertainment of judges Digest:     Law firm may not host a holiday party exclusively for judges and their law clerks. Code:       DR 7-110A, DR 9-101(C), EC 9-1 QUESTION May a lawyer ethically host a holiday party for all judges of … Continued

Opinion 704

NEW YORK STATE BAR ASSOCIATION Advertisements, law firm, letterhead, multi-state law firm Committee on Professional Ethics Opinion #704 (46?97) Topic:          Multi-state law firm; letterhead and business cards Digest:        Letterhead and business cards of multi-state law firm and affiliated lawyers must fairly disclose jurisdictional limitations on practice of named individual attorneys Code:          DR 1-102, DR 1-104, … Continued

Opinion 705

NEW YORK STATE BAR ASSOCIATION Fees, law practice, real estate, referral, tax, tax reduction company Committee on Professional Ethics Opinion #705 – 05/26/1998 (43-97) Topic:           Aiding unauthorized practice of law; fee splitting with non-attorney; acceptance of cases from non-attorney tax reduction company. Clarifies N.Y. 371 (1975) Digest:         Whether it is improper for an attorney to … Continued

Opinion 703

NEW YORK STATE BAR ASSOCIATION Disqualification, judges Committee on Professional Ethics Opinion #703 – 05/07/1998 (10-98) Topic:          Remittal of judge’s disqualification owing to family relationship with lawyer for party. Modifies N.Y. State 548 (1988), 673 (1995) Digest:        Judge in multi-judge court may accept remittal from disqualification caused by appearance in judge’s court of lawyer related … Continued

Opinion 702

NEW YORK STATE BAR ASSOCIATION County legislator, criminal practice, legislature, part-time public Committee on Professional Ethics  Opinion #702 – 05/07/1998 (60-97/60a-97) Topic:        Practice of law by member of county legislature. Digest:       Prohibition against practice of criminal law by a lawyer-legislator not cured by abstention on votes affecting District Attorney’s budget and public disclosure of intention … Continued

Opinion 701

NEW YORK STATE BAR ASSOCIATION Co-counsel, judges, partnership Committee on Professional Ethics  Opinion #701- 05/07/1998 (56-97) Topic:              Part-time judge; partners and associates; co-counsel Digest:            Co-counsel of part-time judge in civil cases can only appear before another judge of same court if it is not prohibited by law and where there is no appearance of impropriety. … Continued

Opinion 700

NEW YORK STATE BAR ASSOCIATION Communication, confidences, disclosure, duty of lawyer, employee, fraud, opposing counsel Committee on Professional Ethics Opinion #700 – 05/07/1998 (49-97) Topic:           Confidentiality; Unauthorized Disclosure; Fraud on Tribunal Digest:         Lawyer who receives unsolicited communication from former employee of ad­versary’s law firm regarding alteration of documents may not communicate further with employee and … Continued

Opinion 699

NEW YORK STATE BAR ASSOCIATION Judges, law practice, sale of Committee on Professional Ethics Opinion #699 – 01/23/1998 (42-97) Topic:              Sale of law practice by newly-elected judge. Digest:             Purchase price of law practice of newly-elected judge may not be contingent upon future success of acquiring firm in attracting and retaining work from existing clients. Code:             … Continued

Opinion 698

NEW YORK STATE BAR ASSOCIATION Non-legal fees, medico legal consulting service, referral Committee on Professional Ethics Opinion #698 – 01/23/1998 (37-97) Topic: Contingent fee for medical consultant as precondition to his bringing medical malpractice case to attorney; size of contingent attorney’s fee if there is also a contingent consultant’s fee Digest: Attorney may not accept … Continued