Category: Ethics Opinions

Opinion 541

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #541 – 03/29/1982 (8-82) disqualification, judges Topic: Judges; appearance of integrity and impartiality of judiciary Digest: Judge may not hear cases involving law firms with which he is discussing employment Code: EC 9-4; Rules Governing Judicial Conduct: Rule 100-3(c)(1), 100-5(c)(1) QUESTION May a judge participate … Continued

Opinion 540

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #540 03/29/1982 (7-82) Topic: Advertising; Bar Association pamphlets Overrules in part N.Y. State 46, 211 Digest: Proper for lawyer to use New York State Bar Association “Know Your Rights Pamphlet Series” in direct mail and other advertising Code: DR 2-101,2-103(A) QUESTION 1.         May a … Continued

Opinion 539

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #539 – 02/08/1982 (50-81) Clarified by Opinion 614 Topic: Advertising; results obtained in prior cases Digest: Improper to advertise examples of results obtained in prior cases Code: DR 2-101; EC 2-10 QUESTION May a lawyer include in his advertisement a listing briefly describing selected cases … Continued

Opinion 538

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #538 – 12/15/81(46-81) advertisements, foreign Topic: Advertising; letterheads; correspondent firm Digest: Improper for firm to list foreign correspondent firm on its letterhead Code: DR 2-101, 2-103(B)and (C), 2-107, 5-105(A); EC 6-4 QUESTION May a New York law firm which has entered into an agreement with … Continued

Opinion 537

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #537 – 09/30/1981 (36-81) endorsement of political candidates by, part-time public official or employee, political activity, prosecutors Clarifies #272 Topic: Prosecuting attorneys; political activities Digest: Prosecuting attorney may not campaign for other candidates for public office during his own campaign for re-election Code: Canon 9; … Continued

Opinion 536

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #536 – 06/30/1981 (13-81) adveritsements, non-legal fees Topic: Dual practice; financial planning corporation Digest: Members of law firm may conduct their practice and operate financial planning corporation from same office, but may not solicit employment in violation of any statute or court rule Code:  DR … Continued

Opinion 535

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #535 – 06/10/1981 (73-80) legal fees, referral Topic: Division of fees; performance of agreement made in violation of Code Digest: Lawyer who agrees to share fee in violation of Code should submit issue concerning division of fee to bar association panel Code: Canon 1; EC … Continued

Opinion 534

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #534 – 06/09/1981 (2-81) legal services Topic: Legal aid; staff attorney; private clients Digest: Former Legal Aid staff attorney may represent persons previously served by him under certain circumstances Code: Canon 9; EC 1-4, 2-24, 2-25, 2-29; DR 9-101(B) QUESTION May a former staff attorney … Continued

Opinion 533

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #533 – 06/08/1981 (74-80) conflict of interests Topic:  Conflict of Interest; Public Defender Digest: Where public defender represented client at trial, another member of public defender’s office may not represent client on appeal where it is necessary to attack competence of trial counsel Code:  EC … Continued

Opinion 532

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #532 – 05/27/1981 (39-80) existing clients, escrow funds, legal fees, funds of client, interest, real estate, trustee Clarified by N.Y. State 570 (1985) Topic: Escrow funds; fee agreements; conflicts of interest; appearance of impropriety Digest: Lawyer escrow agent may not retain interest earned on funds … Continued