NEW YORK STATE BAR ASSOCIATION Attorney-client privilege, client secrets Committee on Professional Ethics Opinion #649 – 06/08/1993 (24-92) Topic: Attorney-Client Privilege; Client Secrets; Conflicts Digest: Where executor proposes to or has engaged in knowing wrongdoing to estate’s detriment, attorney for executor has duty to call upon executor to fulfill its fiduciary obligations to the estate; … Continued
NEW YORK STATE BAR ASSOOATION Committee on Professional Ethics Opinion #646 – 06/08/1993 (49-92) Foreign, partnership TOPIC: Employment by foreign legal consultant; partnership with foreign lawyer DIGEST: Subject to any applicable legal restrictions, a member of the New York State Bar may serve under the employ of a Japanese legal consultant; subject to any applicable … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #645 – 05/03/1993 (61-92) Confidences, political activity, secrets Topic: Client confidences and secrets.Digest: A lawyer whose appointment to a town board would require disclosure of client confidences or secrets must either (1) obtain client consent to the disclosure, (2) obtain a declaratory judgment that the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #644 – 04/01/1993 (53-92) Fees, non-lawyer, real estate, tax Topic: Unauthorized Practice of Law; Sharing Legal Fees with Nonlawyer Digest: Lawyer may not form corporation with nonlawyers to assist homeowners in obtaining real estate tax reductions where lawyer’s services are offered by corporation in violation … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #643 – 02/16/1993 (51-92) Confidences, conflict of interest, legal services, pro bono services, secrets Overrules: N.Y. State 489 (1978) Topic: Conflict of interest; preserving client confidences and secrets; legal service organization Digest: Legal service organization may organize panel of volunteer lawyers to represent financially eligible … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #641 – 02/16/1993 (40-92) Files, referral TOPIC: Files; disposition procedures; compliance with recycling regulations DIGEST: A lawyer must comply with an ordinance that requires recycling of all office paper. Confidences and secrets of clients must be given appropriate protection CODE: Canon 4, DR 4-101(A), DR … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #642 – 02/12/1993 (45-92) Employee, letterhead, paralegals Topic: Lawyer as witness; arbitration Digest: Lawyer-as-witness rule applies in the context of an arbitration Code: Definition 6, DR 5-101(B), DR 5-102(A), EC 5-10 QUESTION Does the “lawyer-as-witness” rule prevent an attorney from serving as both attorney for … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #639 – 12/07/1992 (28-92) Topic: Multiple representation; differing interests Digest: Lawyer may not represent in separate actions two plaintiffs against the same defendant where there will be insufficient assets available for full satisfaction of all claims unless it is obvious the lawyer can adequately represent … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #640 -12/07/1992 (54-92) Employee, letterhead, paralegals Topic: Paralegal titles Digest: Titles of paralegals employed by lawyers may not be false or misleading Code: DR 1-104(A)(2); 2-101; 2-102(A); 2-105(B) QUESTION May nonlawyer paralegals employed by a lawyer use the title (1) Senior Paralegal or (2) Paralegal … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #638 – 12/07/1992 (4-92) Conflict of interest, prosecutors Modifies: N.Y. State 492 (1978), N.Y. State 502 (1979) Topic: Prosecuting attorneys; conflict of interest; former private attorney as newly elected prosecutor Digest: Proper for newly elected district attorney to prosecute a client of the prosecutor’s former … Continued