NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #653 – 08/27/1993 (22-93) Employment, non-lawyer, litigation Topic: Liability for litigation expenses; withdrawal of attorney if client does not advance or accept liability for expenses Digest: Attorney may not assume ultimate liability for litigation expenses; attorney may request client to advance expenses for trial; attorney … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #652 – 08/27/1993 (20-93) Communication, opposing party Topic: Communications with adverse party; governmental entity Digest: Attorney may communicate with officials or employees of governmental entity that is represented by counsel in connection with a matter provided (a) the officials or employees lack the power to … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #657 (48-93) Topic: Conflict of interest; disqualification; criminal or civil practice by part-time municipal lawyer Digest: Part-time attorneys for municipalities, regardless of title or actual responsibilities, may not undertake criminal defense work before courts of same locality; there is no per se prohibition on the … Continued
NEW YORK STATE BAR ASSOCIATION Appearance of impropriety, conflict of interest, disqualification Committee on Professional Ethics Opinion #660 (39a-93) Topic: Conflict of interest; appearance of impropriety; defense counsel dating prosecutor; imputed disqualification of firm. Digest: Lawyer associate of defense counsel firm may not defend cases prosecuted by assistant district attorney whom associate is dating; associate’s firm not … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #659 (63-93) Topic: Advertising Advertising Digest: Attorney may include advertising material in an information package that a car dealer will give to purchasers of automobiles. Code: DR 2-101; 2-101(A), (B); 2-103 (A), (B), (C), (D). QUESTION May an attorney ethically include advertising material in an … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #655 (18-93) Topic: Conflict of Interest; town zoning board member; representation against the town on personal injury claim Conflict of interest, personal injury, zoning board Digest: Absent evidence of improper influence or impaired professional judgment, not improper for attorney-member of town zoning board of appeals … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #650 – 06/30/1993 (3-93) Communication Topic: Lawyer participation in corporate “Compliance With Law” program; conflict of interest; communication with one of adverse interest Digest: Lawyers may participate and “Adverse Interest” statement suffices if timely read Code: DR 1-102(A)(4), DR 3-101(A); EC 4-4, 4-5; DR 5-109, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #651- 06/30/1993 (4-93) Division of fees, legal services, legal fees, referral service, shared fees Topic: Legal referral service; division of legal fees. Digest: Legal referral service operated, sponsored or approved by bar association may require participating lawyers to remit to the referral service a percentage … 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 #648 – 06/08/1993 (5-93) Client, fee-generating matter, fees, law guardian Topic: Law Guardian: Acceptance of Related Fee-Generating Matter for Same Client Digest: Law Guardian may represent client in related civil matter under certain circumstances Code: Canons 4, 5, 6, 7, 9; EC 5-1, 5-21, 7-11, … Continued