NEW YORK STATE BAR ASSOCIATION Escrow funds Committee on Professional Ethics Opinion #710 – 11/06/1998 (35-98) Topic: Lawyer as escrow agent; Release of funds in escrow to client . Digest: Absent authorization by all parties, lawyer who serves as escrow agent may not release funds to client except as provided in the escrow agreement; while … Continued
NEW YORK STATE BAR ASSOCIATION Advertisements, communication, confidences, internet, law practice Committee on Professional Ethics Opinion #709 – 09/16/1998 (55-97) TOPIC: Use of Internet to advertise and to conduct law practice focusing on trademarks; use of Internet e-mail; use of trade names DIGEST: Attorney may operate and advertise a trademark practice over the Internet, … Continued
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
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
NEW YORK STATE BAR ASSOCIATION Adoptions, conflict of interest Committee on Professional Ethics Opinion #708 – 09/15/1998 (52/52a-97) TOPIC: Representation of both foster care agency and adoptive parents DIGEST: A lawyer representing a foster care agency in extra-judicial surrender proceedings or termination of parental rights proceedings may not concurrently or subsequently represent prospective adoptive parents … Continued
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
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
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
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
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