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
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