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 #658 (50-93) Topic: Association with foreign lawyers Foreign Digest: Subject to any applicable legal restrictions, a New York law partnership may enter into a partnership with a Swedish firm provided the New York lawyers confirm that the partnership will not compromise the lawyers’ ability to … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #656 (38-93) Topic: Communication by attorney with adverse party Opposing party Digest: Attorney for parent in child custody proceeding may not communicate with child for whom court has appointed a law guardian without law guardian’s consent Code: DR 7-104(A)(1) QUESTION May the attorney for a … Continued
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 #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 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 #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
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #647 – 06/08/1993 (2-93) Attorney as, bail bond agent Topic: Attorneys; bail bond agent Digest: If not illegal, an attorney ethically may act as a bail bond agent for non-client, but may not for client Code: DR 1-102; DR 2-103; DR 103(B)(1); EC 1-5 QUESTION … Continued
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