NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion 686 – 4/21/97 (36-96) Topic: Service of part-time village attorney as county committeeman of political party and endorsement of candidates Digest: A part-time village attorney with prosecutorial duties may not serve as a county committeeman or endorse candidates for political office. Code: DR 1-101(A)(5); … Continued
NEW YORK STATE BAR ASSOCIATION Matrimonial matters, retainer Committee on Professional Ethics Opinion #685 – 03/19/1997 (12-96) Topic: Retainers and Statements of Cli-ent’s Rights and Responsibilities at Consultations in Matrimonial Cases Digest: Prospective Clients Need Not Be Asked To Sign Retainer Agree-ment as a Condition to Charging for Consultations, but Must Be Given the Statement of Client’s … Continued
NEW YORK STATE BAR ASSOCIATIONCommittee on Professional Ethics Confidences, disclosure Opinion #684 (32-96) – 11/27/1996 TOPIC: Reporting by Law Firm to Credit Bureau of Unpaid Client Account DIGEST: Lawyer may not report unpaid client account since status of account is a client secret that may not be disclosed except as necessary to collect fee. CODE: … Continued
NEW YORK STATE BAR ASSOCIATION Political activity, prosecutors Committee on Professional Ethics Opinion #683Topic: Campaign activities by Assistant District Attorney Digest: Assistant District Attorney may not participate in campaign activities on behalf of the incumbent District Attorney Affirms N.Y. State 675 (1995) Code: DR 1-102(A)(5); DR 5-101(A); EC 5-2; EC 7-13; EC 8-8 QUESTION May … Continued
NEW YORK STATE BAR ASSOCIATION Non-legal fees, referral Committee on Professional Ethics Opinion #682 – 06/07/1996 (59-95) Topic: Referral Fees Paid to Lawyer By Service Provider Digest: A lawyer may not accept a fee from an investment advisor for the referral of clients to the advisor. Code: DR 5-101(A) QUESTION May an attorney accept a fee from an investment … Continued
NEW YORK STATE BAR ASSOCIATION Referral Committee on Professional Ethics Opinion #681- 02/09/1996 (28-95) Topic: Withdrawal of Assigned Counsel; Confidences and Secrets of Client Digest: Lawyer assigned by court to represent client who misrepresented financial eligibility for assigned counsel may not disclose client confidences or secrets in support of motion to withdraw, but may disclose client secrets … Continued
NEW YORK STATE BAR ASSOCIATION Bank, files Committee on Professional Ethics Opinion #680 – 01/10/1996 (57-95) Topic: Record Retention By Electronic Means Digest: Lawyers may retain some records in the form of computer images, but certain records must be retained in original form. Code: DR 9-102(D), 9-102(H) QUESTION May lawyers comply with the mandatory record-retention provisions of the … Continued
NEW YORK STATE BAR ASSOCIATION Class action, fees Committee on Professional Ethics Opinion #679 – 01/10/1996 (43-95) Topic: Fee Sharing with Non-Lawyer; Class Actions Digest: Lawyer may pay client out of the lawyer’s own funds for researching information about a potential class action provided client remains ultimately liable to repay such expenses. Lawyer may not compensate … Continued
NEW YORK STATE BAR ASSOCIATION Lawyer referral service, matrimonial matters, mediation Committee on Professional Ethics Opinion #678 – 01/10/1996 (42-95) Topic: Lawyer’s participation in divorce mediation referral service Digest: A lawyer may not participate in a divorce mediation referral service that is not operated, sponsored or approved by a bar association Code: DR 2-101, 2-103(C) … Continued
NEW YORK STATE BAR ASSOCIATION Paralegal, real estate Committee on Professional Ethics Opinion #677- 12/12/1995 (47-95) Topic: Delegation of Lawyer’s Duties to Paralegal Digest: Lawyer may delegate attendance at real estate closing to paralegal under certain circumstances Code: DR 1-104(A); EC 1-8; EC 3-1; EC 3-5; EC 3-6 QUESTION: May an attorney representing a bank … Continued