Category: Ethics Opinions

Opinion 557

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #557 02/17/1984 (43-83) accounting, advertisements, legal fees, lawyer-accountant relationship, non-lawyer, partnership, solicitation Topic: Unauthorized practice of law; division of legal fees; letterheads Digest: Not proper for a lawyer and accountant to form firm that would render legal services; lawyer cannot share legal fees with accountant; … Continued

Opinion 556

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #556 – 01/19/1984 (32-83) advertisements, dual practice, title Topic: Dual practice; advertising, limits on; title insurance Digest: A lawyer authorized to issue title insurance for a title insurance company may indicate that fact by placing appropriate information under the “title company and agent” and “lawyer” … Continued

Opinion 555

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #555 – 01/17/1984 ( 23-83) existing clients, former clients, confidences, conflict of interests, client consent, duty of lawyer, employment, representing, witnesses Topic: Confidential communications as between joint clients Digest: Lawyer may not disclose to one joint client confidential communications from other joint client relating to … Continued

Opinion 554

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics  Opinion #554   – 11/21/1983 (22-83) existing clients, escrow funds, funds of client, interest Topic: Interest on Lawyer accounts Digest: Lawyers may participate in programs to provide financial support for legal services through deposit in a commingled interest-bearing account of client funds held for a short period … Continued

Opinion 553

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #553 – 11/08/1983 (34-83) costs, litigation Topic: Loan by attorney to client Digest: Attorney may not lend funds to client to permit client to bid on matrimonial property ordered to be sold pursuant to equitable distribution decree Code: DR 5(103)(A) and (B) QUESTION May an … Continued

Opinion 552

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #552 – 10/31/1983 (35-83) endorsements of political candidates by, political activity, prosecutors Clarifies N.Y. State 272 (1972) and    N.Y. State 537 (1981) Topic: Prosecuting attorneys; political activities; endorsement of successor candidate Digest: Incumbent district attorney not running for reelection may endorse a successor candidate … Continued

Opinion 551

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #551 – 10/04/1983 (21-83) part-time public official or employee, public Topic: Assigned counsel: acceptance of unrelated fee-generating matters for same client Digest: Assigned counsel may represent client in unrelated fee generating matters under certain circumstances Code: EC 2-16, 2-25, 2-29, 8-3, DR 2-103(D), 2-104(C), 2-106 … Continued

Opinion 550

NEW YORK STATE BAR ASSOCIAIION Committee on Professional Ethics Opinion #550 – 04/15/1983 (15-83) legal fees Topic: Mortgage or deed as security for payment of lawyer’s fee Digest: Lawyer may take a mortgage but not a deed as security for payment of fees, Guidelines respecting foreclosure or participation in sale of mortgaged property Code: DR … Continued

Opinion 549

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #549 – 02/14/1983 (44-82) collection Topic: Collection agencies; referrals Digest: Lawyer may accept referrals from collection agency of which he is a principal and may refer clients to the collection agency, with informed consent Code: DR 2-103(A) QUESTION May a lawyer accept clients referred to … Continued

Opinion 548

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #548 – 02/09/1983 (38-82) conflict of interests, disqualificaiton, judges, law clerk, spouse-lawyer Overrules N.Y. State 374 Topic: Disqualification where one attorney-spouse is employed by a judge and the other attorney-spouse appears before that judge Digest: Neither judge nor attorney appearing before him is disqualified per … Continued