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
NEW YORK STATE BAR ASSOCIATION Insurance, law firm, partnership Committee on Professional Ethics Opinion # 726 (02/02/2000) Topic: Staff counsel; law firm. Digest: A group of lawyers who are salaried employees of an insurance company and whose practice is exclusively in defense of the company’s policy holders may hold themselves out as a law firm … Continued
NEW YORK STATE BAR ASSOCIATION Prosecutors, town Committee on Professional Ethics Opinion 725 – 12/8/99 Topic Assistant District Attorney appearing before sibling who is a Town Justice Digest: An Assistant District Attorney may not appear before a Town Justice who is a sibling, but must take steps to secure the Town Justice’s recusal. Other attorneys … Continued
NEW YORK STATE BAR ASSOCIATION Legal assistance organization (qualified), wills Committee on Professional Ethics Opinion # 724 – 11/30/1999 Topic: Wills; obligations of law firm in regard to wills in its custody Digest: A lawyer who drafts a client’s will should agree in advance whether the lawyer will maintain the original will for safekeeping and, … Continued
NEW YORK STATE BAR ASSOCIATION Former clients, confidences, conflict of interest Committee on Professional Ethics Opinion # 723 (10/12/1999) Modifies: N. Y. State 638 (1992) Topic: Conflict of interest; former client; vicarious disqualification; confiden-ces and secrets. Digest: Absent former client’s consent, a lawyer changing firms may not undertake representation adverse to the former client if … Continued
NEW YORK STATE BAR ASSOCIATION Advertisements, letterhead Committee on Professional Ethics Opinion #722 – 09/27/1999 Topic: Letterhead; certification Digest: A lawyer’s letterhead may refer to membership in a professional organization. However, if such membership implies certification in a legal field, the reference must comply with DR 2-105(C), which requires that (i) the certifying organization be … Continued
NEW YORK STATE BAR ASSOCIATION Confidences, insurance Committee on Professional Ethics Opinion #721 – 09/27/1999 Topic: Insurance carrier; third party research; unauthorized practice by lawyers not admitted in New York; confidences and secrets (briefs and memos prepared for client). Digest: Defense counsel may follow the direction of an insurance carrier to utilize a specified legal … Continued