NEW YORK STATE BAR ASSOCIATION Communication, confidences, disclosure, duty of lawyer, employee, fraud, opposing counsel Committee on Professional Ethics Opinion #700 – 05/07/1998 (49-97) Topic: Confidentiality; Unauthorized Disclosure; Fraud on Tribunal Digest: Lawyer who receives unsolicited communication from former employee of adversary’s law firm regarding alteration of documents may not communicate further with employee and … Continued
NEW YORK STATE BAR ASSOCIATION Judges, law practice, sale of Committee on Professional Ethics Opinion #699 – 01/23/1998 (42-97) Topic: Sale of law practice by newly-elected judge. Digest: Purchase price of law practice of newly-elected judge may not be contingent upon future success of acquiring firm in attracting and retaining work from existing clients. Code: … Continued
NEW YORK STATE BAR ASSOCIATION Non-legal fees, medico legal consulting service, referral Committee on Professional Ethics Opinion #698 – 01/23/1998 (37-97) Topic: Contingent fee for medical consultant as precondition to his bringing medical malpractice case to attorney; size of contingent attorney’s fee if there is also a contingent consultant’s fee Digest: Attorney may not accept … Continued
NEW YORK STATE BAR ASSOCIATION Fees Committee on Professional Ethics Opinion #697 – 12/30/1997 (41-97) Topic: Legal fees; combination of hourly and contingency fee. Digest: It is proper for a lawyer to charge a combination of an hourly and a contingency fee. Code: DR 2-106(A), 2-106(C)(1). QUESTION May a lawyer charge both an hourly fee, … Continued
NEW YORK STATE BAR ASSOCIATION Municipal attorney, political activity Committee on Professional Ethics Opinion #696 – 08/25/1997 (17-97) Topic: Partisan political activities by municipal attorney charged with investigating public corruption Digest: Municipal attorney charged with investigating public corruption may not participate in partisan political activities. Code: DR 1-102(A)(5). QUESTION Do the ethical restrictions on the … Continued
NEW YORK STATE BAR ASSOCIATION Advertisements, employee, letterhead, paralegals Committee on Professional Ethics Opinion #695 – 08/25/1997 (11-97) Topic: Use of “Certified Legal Assistant” title on letterhead and promotional materials. Digest: Use of “Certified Legal Assistant” title is permissible provided certifying entity meets certain standards and disclosure is made of certifying entity. Code: DR 2-101; … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, real estate, referral, solicitation Committee on Professional Ethics Opinion #694 – 08/25/1997 (3-97) Topic: Conflict of interest; solicitation by real estate broker; dual representation of purchaser and lender. Digest: Improper for attorney to participate in “Home Buyers Program.” Code: DR 2-103(A), DR 2-103(C), DR 5-101(A), DR 5?105(A) … Continued
NEW YORK STATE BAR ASSOCIATION Dual representation, employee, escrow funds, multiple representation, paralegals Committee on Professional Ethics Opinion #693 – 08/22/1997 (68-96) Topic: Nonlawyer Employees; Escrow Accounts; Attorney’s Signature Digest: Attorney may allow paralegal to use attorney’s signature stamp to execute escrow checks under certain circumstances Code: DR 1-104; DR 9-102(A), (B); DR 9-102(E); EC … Continued
New York State Bar Association County legislator, criminal practice, fees, legislature, part-time public Ethics Opinion 692 (06/23/1997) Overrules N.Y. State 431 (1976) Topic: Part-time legislator’s practice in criminal courts in city and county Digest: A part-time city or county legislator may not represent criminal defendants in cases in which the legislator expects to cross examine … Continued
NEW YORK STATE BAR ASSOCIATION Charities, gifts, referral Committee on Professional Ethics Opinion #691 – 06/10/1997 (5-97) Topic: Charitable donation to non-profit organization that refers attorneys to clients Digest: Attorney may make charitable donation to organization that provides referrals if donation is not compensation for referral. Code: DR 2-103(B) and (D). QUESTION May an attorney … Continued