NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #528 – 02/17/1981 (33-80) confidences, conflict of interests, secrets, witnesses Topic: Client’s confidences and secrets; client’s whereabouts Digest: Law of evidentiary privilege governs obligation to preserve client confidences and secrets when lawyer is required to testify, but lawyer may postpone testifying until validity of adverse … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #527 – 12/30/1980 (59-80) Topic: Appearance of impropriety; pro se litigation maintained by law firm; soliciting contributions Digest: Law firm may not solicit financial contributions for litigation which it has brought on its own behalf Code: DR 5-107(A), (B); EC 5-21, 5-22, 5-23, 7-8 QUESTION … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #526 – 11/24/1980 (46-80) appearance, prosecutors, public Topic: Part-time assistant district attorney; probation officer Digest: Part-time assistant district attorney should not also serve as probation officer in same jurisdiction Code: Canons 5, 8 and 9 EC 8-8 and 9-3 DR 5-105(A) QUESTION May a lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #525 – 11/14/1980 (43-80) prospective clients, confidences, conflict of interests, client consent, consultation, employment, secrets Topic: Confidences and secrets of prospective client; conflicting interests Digest: Lawyer cannot disclose secret imparted to him by potential client, and cannot continue to represent that client or existing client … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #524 – 09/15/1980 (19-80) auction, charities, donations, legal services, solicitation, soliciting for, wills Topic: Solicitation; auction of legal services by charity Digest: Improper for lawyer to donate legal services to a charitable organization for auction as a fundraising device Code: EC 2-30, 6-1; DR 2-101(C) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #523 – 06/30/1980 (22-80) duty of lawyer, fraud, perjury Topic: Perjury; duty to report; prior proceeding in which lawyer not employed Digest: Lawyer under no duty to report perjury committed in proceeding in which his services were not employed Code: Canons 4 and 7; EC … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #522 – 06/09/1980 (16-80) advice, breathalyzer, existing clients Topic: Zealous representation; illegal or fraudulent conduct Digest: Proper for an attorney to advise client to refuse breathalyzer test requested by police officer Code: Canon 7; EC 7-8; DR 7-102(A)(7) QUESTION May a lawyer advise a client … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #521 – 04/29/1980 (12-80) wills Topic: Wills; contact with executor, beneficiaries Digest: Lawyer may contact executor and/or beneficiaries to advise them that he holds will of deceased client Code: EC 2-3; DR 2-103(A) QUESTION May a lawyer contact the designated executor and/or beneficiaries under a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #520 – 04/23/1980 (1-80) criminal practice, judges, town Modifies #228 Topic: Part-time judge; private criminal practice; conflict between Rules of the Chief Administrator and ethics opinion Digest: Part-time judge with criminal jurisdiction may represent clients in criminal matters to the extent permitted by applicable Rules … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #519 – 03/21/1980 (10-80) duty of lawyer, insurance Topic: Conflict of interests; insurance company; staff counsel Digest: Insurance company’s staff counsel may not represent assured when company disclaims coverage Code: EC 5-14, 5-15, 5-17; DR 5-105(A) and (C) QUESTION An automobile was involved in an … Continued