Topic: Conflict of interest and referral fees; serving as lawyer on a real estate transaction referred by real estate broker associated with lawyer’s real estate agency Digest: A lawyer may not accept the referral of real estate closings from a real estate agent who is associated with a real estate company owned by the lawyer … Continued
Topic: Divorce mediation, limited scope legal services, non-resident lawyers, ghostwriting Digest: A New York lawyer may perform divorce mediation services for New York clients from his office in another state, provided that he makes effective disclosure of the differences in his role as mediator/neutral and lawyer and explains that he is not representing either party … Continued
Topic: Firm Name; Trade Names; Assumed Names Digest: A law firm may operate under two different assumed names that distinguish separate practice areas of the firm, provided that no particular facts and circumstances would make it false, deceptive, or misleading to do so. Rules: 7.5(b) FACTS: The inquirer’s law firm is developing a new practice … Continued
Topic: Ownership of New York Law Firm by Nonlawyers Digest: A New York lawyer may not be a partner, associate or employee of a law firm in New York or in another jurisdiction that has direct or indirect ownership by nonlawyers in accordance with the rules applicable in that jurisdiction, unless the lawyer is licensed … Continued
Topic: Law firm associates and the phrase “and Associates” in law firm name Digest: A sole practitioner may not refer to associates of other law firms with whom she works as “associates” of her firm and may not include in her law firm name the phrase “and Associates” when she is referring to associates employed … Continued
Topic: Attorney advertising Digest: A lawyer who contacts a medical fertility clinic to request to be included on the clinic’s website as a lawyer who practices in the area of assisted reproduction is engaged in attorney advertising, but not solicitation. Rules: 7.1, 7.2, 7.3 FACTS: 1. The inquiring lawyer would like to contact a medical … Continued
Topic: Estate-planning lawyer’s financial interest in a company that manages trust assets. Digest: An estate-planning lawyer who has an interest in a nonlegal financial management company that the lawyer hopes to recommend to estate-planning clients as financial manager for the trust assets, has a conflict of interest requiring clients’ informed consent, confirmed in writing, at … Continued
Topic: Firm names; trade names Digest: A law firm may not include on its letterhead the name of deceased attorney who does not stand in a continuing line of succession with the firm. Rules: 7.5(a) & (b); 8.4(c). FACTS: 1. The inquirer is a solo practitioner who, for sentimental reasons, would like to include his … Continued
Topic: Lawyer’s Rights and Duties after Death of a Client Digest: A lawyer may not settle a claim for a client after the client has died absent authorization from a duly qualified representative of the decedent. Rules: 1.2(a), 1.16(d) FACTS: 1. The inquirer is a New York lawyer who practices personal injury law in New … Continued
Topic: Submitting draft complaint with demand letter Digest: A lawyer who sends a demand letter to a potential civil defendant may include a draft complaint and a statement that the draft complaint will be filed if the matter is not settled by a certain date, except in unusual circumstances where the threat would violate the … Continued