NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 567 – 11/21/1984 (14-84) Clients (existing), clients (former), legal fees, litigation Overrules in part N.Y. State 224 (1972) Topic: Lien, lawyers’ retaining; Fee for legal services, dispute over Digest: A lawyer holding funds under retaining lien is not required to sue client to resolve … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #566 – 11/15/1984 (34-84) advertisements, solicitation Topic: Advertisement; recommendation or endorsement by third party; nondisclosure that advertisement paid for by attorney Digest: Advertisement improper if paid for endorsement or recommendation by third party to use attorneys’ services and misleading if does not appear to be … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #565 – 10/01/1984 (28-84) advertisements, legal fees, non-legal fees, intermediary, solicitation Topic: Solicitation of potential clients, third party solicitation; in-person solicitation; dividing fees with non-lawyers Digest: Improper for attorney to employ and compensate another to solicit attorney’s employment by client. In-person solicitation, particularly by third … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #564 – 10/01/1984 (25-84) conflicts of interests, part-time public official or employee, prosecutors Clarifies N.Y. State 544 (1982) Topic: Conflict of interest; disqualification; criminal practice; parttime prosecutor; special district attorney Digest: Special district attorney should be considered sui generis and not as “part-time” prosecutorfor purpose … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #563 – 10/01/1984 (23-84) Topic: Advertising; fees; discount from customary fees Digest: Improper to offer and advertise discounted fees unless customary fees are readily ascertainable Code: DR 2-101 QUESTION Is it proper for a lawyer to offer or to advertise a discount from his customary … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #562 – 07/19/1984 (38-83) existing clients, confidences Topic: Intent of client to commit a crime; withdrawal from employment; confidences and secrets of clients Digest: Guidelines for lawyer whose client manifests an intent to commit a crime: lawyer may not knowingly further client’s criminal purpose; should … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #561 – 06/25/1984 (7-84) law practice, sale of Topic: Partnership, sale of interest in Digest: Sale of interest in ongoing law practice is not ethically permissible, except for sale of interest in tangible assets Code: DR 2-103(B) and (E), Canon 9 QUESTION May a lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #560 – 06/07/1984 (10-84) adverse interests, existing clients, confidences, conflict of interets, client consent, employment, malpractice, representation Topic: Conflict of interests; multiple representation Digest: In the absence of clients’ consent, it is improper for lawyer to defend two defendants in medical malpractice action where one … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #559 – 5/9/84 (44-83) advertisements Topic: Advertising; law school alumni directory Digest: A law school alumni association may publish and publicize a directory of graduates and may supply information from it in response to “occasional” telephone inquiries Code: DR 2-101, 2-102, 2-103(C) and (D), 2-105(A) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #558 – 03/26/1984 (45-83) judges, judicial campaigns, political activity Modifies N.Y. State 289 (1973) Topic: Campaign guidelines for judicial candidates Digest: No restriction on the wearing of a robe by an incumbent judge in campaign literature Code of Judicial Conduct: 7(B) QUESTION May an incumbent … Continued