Category: Ethics Opinions

Opinion 580

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #580 – 03/30/1987 (33-86) Bond counsel, conflict of interests Modified by N.Y. State 629 Topic: Conflict of interest; Municipal bond counsel; Simultaneous representations Digest: Municipal bond counsel may not simultaneously represent private clients in administrative or judicial proceedings against the municipality; different rule applies to … Continued

Opinion 579

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #579 – 03/20/1987 – (37-86) Conflict of interests Topic: Representing opposing counsel in unrelated litigation Digest: Not improper to represent opposing counsel in unrelated litigation with consent, after full disclosure, of the clients of each in the litigation in which the counsel represent adverse parties, … Continued

Opinion 578

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #578 – 12/04/1986 (24-86) Conflict of interests, lawyer, union member Overrules NY State 93 Modified by N.Y. State 629 Topic: Lawyer as union member; conflict of interest; lawyer union member representing State in disciplinary proceedings against other State union employee members Digest: Lawyer employed by … Continued

Opinion 577

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #577 – 10/29/1986 (19-86 )Topic: Interviewing expert witness of adversary Digest: Not improper to communicate with expert witness retained by adversary without knowledge or consent of opposing counsel Code: DR 1-102(A)(5); DR 7-104(A)(1) QUESTION May an attorney communicate with an expert witness retained by an … Continued

Opinion 576

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #576- 06/05/1986 (41-85) Conflict of interets, non-legal fees, illegal conduct Amplifies N.Y. State 351 (1974) Topic: Real Estate Attorney: Agent for title insurer; multiple representation Digest. Proper for real estate attorney to act also as title insurance agent provided such conduct is legal, no prohibited … Continued

Opinion 575

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #575 – 04/18/1986 (46-85) Escrow funds, funds of client, interest Topic: Escrow Funds, duties respecting placing in interest-bearing account Digest: A lawyer holding contract deposit as escrow agent/attorney should, in an appropriate case, request instructions from the contracting parties about placing funds in an interest-bearing … Continued

Opinion 574

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #574 – 04/18/1986 (30-85) Disqualification, judges Modifies N.Y. State 511 (1979) Topic: Judges, disqualification; prior representation of judge by lawyer Digest: Whether a judge must recuse himself where one of the parties is represented by a lawyer who represented the judge depends upon whether the … Continued

Opinion 573

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #573- 01/07/1986 (36-85) Part-time public official or employee, political activity, prosecutors Modifies N.Y. State 568 (1985) Topic: District Attorneys and County Attorneys and their assistants; political activities Digest: District Attorney, not involved in own re-election campaign, may attend political or social functions of a political … Continued

Opinion 572

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #572 – 11/29/1985 (9-85) Competency, legal fees, non-legal fees, medico legal consulting service, witnesses Topic: Medical malpractice; reasonableness of expense disbursements; medicolegal consulting service used on contingent fee basis; guarantee by lawyer of contingent fee of medicolegal consulting service; fee splitting with non-lawyer Digest: Improper … Continued

Opinion 571

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #571- 07/08/1985 (7-85) Judges, town, zoning board Topic: Attorney for Zoning Board of Appeals and Planning Board also serving as Town Justice Digest: Attorney for Zoning Board of Appeals and Planning Board may not also accept position as Town Justice QUESTION Can an attorney serving … Continued