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
NEW YORK STATE BAR ASSOCIATION Advertisements, class action, mailing, solicitation Committee on Professional Ethics Opinion #676 – 10/31/1995 (27-95) Topic: Advertising; Solicitation; Class Action. Digest: Attorney may advertise for, or solicit by mail, additional participants in class action litigation. Code: DR 2-101; DR 2-104(F); DR 2-103(A); DR 7-101(A)(3); EC 2-10 QUESTION May an attorney ethically publish newspaper or … Continued
NEW YORK STATE BAR ASSOCIATION Prosecutors Committee on Professional Ethics Opinion #675 – 10/31/1995 (54-95) Topic: Campaign activities by assistant district attorney Digest: Assistant district attorney may not participate in campaign activities on behalf of another running for public office Code: EC 7-13; EC 8-8 QUESTION May an assistant district attorney participate in campaign activities as part … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest Committee on Professional Ethics Opinion #674 (39-94) Modifies N.Y. State 178 (1971), 187 (1971), 212 (1971), 440 (1976), 466 (1977), 496 (1978),562 (1984), 598 (1989) Topic: Conflict of interest; multiple representation of corporation and corporate officer; corporate officer perjury; duty to withdraw. Digest: Guidelines when corporate officer … Continued
NEW YORK STATE BAR ASSOCIATION Judges Committee on Professional Ethics Opinion #673 – 03/16/1995 (62-94) Topic: Judges, disqualification; representation of relative of judge by lawyer. Digest: 1) A lawyer may appear before a town justice when the lawyer represents a relative of another town justice in an unrelated action in another court unless there is some … Continued
NEW YORK STATE BAR ASSOCIATION Prosecutors Committee on Professional Ethics Opinion #672 – 01/05/1995 (29-94) Topic: Part-time confidential law clerk and part-time assistant district attorney as partners in private practice Digest: Partners may hold positions as an assistant district attorney and confidential law clerk to a County Court judge provided that the confidential clerk may not appear … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest Committee on Professional Ethics Opinion 671 – 11/4/94 (40-94) Topic: Conflict of interest; accept-ance of referral fee from insurance company by attor-ney Digest: An attorney engaged in estate planning may not accept referral fee from insurance company for recommending client Code: Canons 5, 6; DR 5-101(A), 5-104(A), 5-105(C); EC 5-2 … Continued