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
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
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
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
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
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
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
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #610- 06/20/1990 (2-90) Topic: Attorney and client; conflicts of interest; wills; executors; beneficiaries Digest: Only in limited circumstances may an attorney-draftsman prepare a will in which the attorney-draftsman is named both as executor and as a beneficiary Code: DR 5-101(A); EC 5-5, 5-6 QUESTION May … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #608 – 05/10/1990 (17-89) Collection agent, fees Overrules N. Y. State 400 (1975) Topic: Attorney’s use of collection agent for collection of legal fees Digest: Only if all other reasonable efforts short of litigation have been undertaken and have been unsuccessful may an attorney employ … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #609 – 05/10/1990 (31-89) Fees Topic: Referral fees; disbarred lawyer; ad hoc partnership Digest: Lawyer may accept referral fee that complies with DR 2-107(A) Lawyer may pay a disbarred former associate a share, determined on the basis of quantum meruit, of legal fees accrued to … Continued