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
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
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
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
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
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
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
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #531 – 04/28/1981 (9-81) disclosure, duty of lawyer Topic: Duty to report violation of Disciplinary Rule; communication to member of rehabilitative committee Digest: Member of rehabilitative committee not obligated to report evidence of professional misconduct obtained during course of rehabilitation Code: Canons 1 and 4; … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #530 – 04/21/1981 (8-81) confidences, criminal practice, employment Topic: Confidences and secrets, withholding evidence, criminal practice Digest: Where lawyer has legal duty to turn over physical evidence, lawyer has ethical obligation to do so Code: Canon 4; DR 1-102(A)(5), 2-110(A)(1), 4-101(C), 4-101(C)(2), 7-102(A)(3), 7-102(A) (5) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #529 – 02/18/1981 (2-80) Topic: Representation of fugitive Digest: Lawyer may represent fugitive who refuses to surrender Code: EC 7-5; DR 2-110(B) and (C), 7-102(A)(7) QUESTION Is a lawyer required to withdraw from the representation of a fugitive client if the client refuses to surrender? … Continued