Category: Ethics Opinions

Opinion 607

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #607 – 02/15/1990 (26-89) Opposing party Topic: Communication with Adverse Party Digest: Prior to commencement of suit and to being advised the adverse party is represented by counsel, a lawyer may communicate with the party, but must inform the party that, in the event the … Continued

Opinion 606

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #606 – 01/11/1990 (21-89) Conflict of interest, media rights Topic: Assistant district attorney; media rights; conflict of interest Digest: An assistant district attorney may sell own media rights upon completion of a criminal prosecution in compliance within certain ethical guidelines Code: Canon 4; DR2-101(A), (B), … Continued

Opinion 605

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #605- 11/17/89 (14-89) Confidences, conflict of interest, consent Topic: Conflict of Interest; Former Client Conflicts Digest: Improper for public defender or any assistants to represent a defendant in a criminal proceeding when a prosecution witness who was a former client will testify, except if no … Continued

Opinion 604

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #604 – 11/14/1989 (11-89) Topic: Limiting the scope of representation Digest: Lawyer may limit scope of representation to grand jury proceedings in certain circumstances. Code:  Canon 6; EC 7-7, 7-8; DR 1-102(A)(5), 2-110, 2-110(A), 6-101(A) 7-101(A)(1), 7-102(A)(7) QUESTION May a lawyer whose client is the subject … Continued

Opinion 603

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #603 – 11/02/1989 (15-8) Modified by N. Y. State 629 Topic: Part-Time Public Official or Employee; Assistant City Attorney; Conflict of Interest Digest: A part-time assistant city attorney, or any member or associate of his private law firm, may not represent clients before city agencies … Continued

Opinion 602

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #602- 10/26/1989 (38-88) Topic: Appearing before judge about whom member of firm has been called to testify; Commission on Judicial Conduct; recusal; withdrawal; disclosure of information concerning testimony before Commission on Judicial Conduct Digest: Lawyer may not appear before judge when member of lawyer’s firm is witness … Continued

Opinion 601

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #601- 10/02/1989 (6-89) Adverse interests Topic: Adverse effect on professional judgment of lawyer, interests of lawyer; conflict of interest; opposing party, payment of fees by; fee for legal services Digest: Improper for lawyer who represents group of tenants in dispute with landlord to accept payment … Continued

Opinion 600

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #600  05/16/1989 (24-88) Clients Topic: Trust accounts; use of attorney’s credit to back credit for client Digest: Improper for an attorney to maintain a credit line for clients based on a multiple client escrow account; provided the attorney obtains consent after full disclosure, his personal … Continued

Opinion 599

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #599 – 03/16/1989 (7-88) Topic: Nonrefundable minimum fee retainer agreements Digest: Improper for fee agreement to include a provision for a nonrefundable minimum, subject to narrow exceptions Code: EC 2-17, 2-18, 2-19; DR 1-102(A)(4); 2-106(A); 2-106(B) (1), (2) and (7); 2-110(A) (3); 2-110(B) (3) and … Continued

Opinion 598

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #598- 02/01/1989 (4-88) Topic: Withdrawal from employment for non payment of fees; circumstances in which court’s consent is not required for permissive withdrawal in a litigated matter Digest: An attorney may apply to withdraw from representation of impecunious client for non-payment of fees in a … Continued