Category: Ethics Opinions

Opinion 620

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #620 – 03/21/1991 (4-91) Prosecutors Topic: Trial publicity; press release by district attorney; reference to physical evidence seized at time of arrest Digest: District attorney ordinarily may issue press release describing physical evidence seized at time of arrest, but may not state whether such evidence … Continued

Opinion 619

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #619 – 03/14/1991 (26-90) Conflict of interest, dual practice, insurance Topic: Digest: Conflict of interest; dual practice as lawyer, financial planner and life insurance agent Lawyer engaged in estate planning may not recommend or sell to lawyer’s estate planning clients life insurance products in the … Continued

Opinion 618

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #618 – 02/15/1991 (20-90) Fees Topic: Legal fees; remitting fees to a corporate employer Digest: A salaried lawyer may not remit to a corporate employer fees received from a thirdparty in excess of the lawyer’s salary and allocable overhead Code: DR 1-102(A)(4), 3-101(A), 3-102, 3-102(A), … Continued

Opinion 617

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #617 – 02/05/1991 (25-89) Conflict of interest Topic: Administrative law judge’s disqualification; prior service as staff attorney in same agency Digest: Administrative law judge must recuse himself or herself from hearing a matter when he or she previously served as a lawyer in the matter … Continued

Opinion 616

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #616 – 01/29/1991 (31-90) Part-time assistant district attorney, police officer Topic: Part-time assistant district attorney; police officer Digest: Police officer should not also serve as part-time prosecutor Code: DR 5-101(A), 9-101(C); EC 5-2, 7-13, 8-8, 9-1 QUESTION May a lawyer be employed as a part-time … Continued

Opinion 615

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #615 – 01/29/1991 (37-90) Conflict of interest, criminal practice, disqualification, police, public Topic: Conflict of interest; vicarious disqualification Digest: As it is improper for a lawyer who is a police officer to engage in a criminal law practice, it is also improper for the members … Continued

Opinion 614

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #614 – 11/21/1990 (10-90) Advertising Clarifies NY State 539 (1982) Topic: Advertising; client testimonials Digest: It is proper to advertise client testimonials provided reasonable disclaimers are expressed about any statements or results the lawyer has achieved Code: DR 2-101(A), (B), (C)(2); EC 2-10 QUESTION May … Continued

Opinion 613

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #613 – 09/24/1990 (4-90) Topic: Provision of legal services Digest: A lawyer may advise and counsel a pro se litigant to the extent of preparing pleadings for the litigant to sign and file in an action; disclosure to the court and the opposing party is … Continued

Opinion 612

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #612 – 09/07/1990 (28-89) Topic: Part-time judge’s campaign use of the term “judge” or “justice” Digest: Campaign literature and broadcasts of a judge campaigning for higher judicial office, which utilize the term “judge” or “justice,” should note the judge’s present judicial capacity Code of Judicial … Continued

Opinion 611

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #611  06/20/1990 (3-90) Dual representation, multiple representation, real estate Topic: Multiple representation, real estate transaction, seller and lender Digest: Attorney should not represent both the seller and lender in the same transaction except under unusual circumstances and unless the conditions of DR 5-105(C) are met … Continued