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
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
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
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
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
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
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
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #570 – 06/07/1985 (37-84) Existing clients, escrow funds, legal fees, interest, real estate Clarifies N.Y. State 532 (1981) Topic: Fee for legal services, advance payment; client, funds of; trust account Digest: Fees paid to lawyer in advance of services, refundable to the extent not earned, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 569- 02/07/1985 (39-84) Adverse interest, duty of lawyer Topic: Administration of Small Estates Digest: Lawyer should advise a client concerning the feasibility of settling a “small estate” without the expense of legal representation Code: Canon 5, Canon 6; EC 3-7; EC 5-1 QUESTION Should … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 568 – 02/07/1985 (17-84) Part-time public official or employee, political activity, prosecutors Modified by #573 Topic: District Attorneys and their assistants; political activities Digest: District Attorney, not involved in own reelection campaign, may not attend political or social functions of any political party, either … Continued