NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #481 – 03/28/1978 (139-77) appearance, estate, wills Topic: Wills; draftsman as executor for estate Digest: Under certain circumstances lawyer may offer his services as executor in the course of drafting will Code: EC 5-6 QUESTION May a lawyer, in the course of drafting his client’s … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #480 – 03/01/1978 (130-77) existing clients, conflict of interests, defamation, disclosure, duty of lawyer, employment, misconduct, solicitation Topic: Duty to report violation of Disciplinary Rule; former client; conflict of interest Digest: Lawyer may divulge his suspicion of another’s misconduct to an appropriate authority, but should … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #479 – 02/28/1978 (33-74) confidences, criminal practice, disclosure, fraud, illegal conduct, plea bargaining, secrets, unlawful or Topic: Client’s confidences and secrets; past crimes disclosed to lawyer; plea bargaining Digest: Lawyer should not reveal client’s confidences or secrets learned during the course of representation, even though … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #478 – 01/25/1978 (132-77) advice, communication, matrimonial matters, opposing party Topic: Communication with adverse party unrepresented by counsel; divorce and matrimonial matters Digest: Under certain circumstances, lawyer may prepare and transmit separation agreement to unrepresented adverse party for signature; lawyer may discuss settlement of a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #477 – 12/29/1977 (129-77) advice, communication, estate, legal advice, opposing party, wills Topic: Advice by lawyer to secure legal services; communications with one of adverse interests; estates; right of election against will Digest: Executor’s lawyer may advise surviving spouse to obtain independent counsel concerning his … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #476 12/29/1977 (92-77) appearance, partnership, part-time public, political actiity, prosecutors, town/village Clarifies 273 Topic: Assistant county attorney; political activities Digest: Assistant county attorney may not be active member of political club although he personally has no prosecutorial duties. Code: EC 7-13, 8-8, 9-2, 9-6; DR … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #475 – 10/14/1977 (76-77) claims, litigation, statue of limitations Topic: Limitations; institution of suit on cause against which period of limitations has run Digest: Lawyer may properly institute suit on cause against which period of limitations has run only where as a matter of law … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #474 – 10/04/1977 (82-77) client consent, legal fees Topic: Confession of judgment to secure attorney’s fee Digest: Not per se improper for lawyer to obtain client’s signature on confession of judgment for services previously rendered with understanding it will be filed only if fees not … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #473 – 09/07/1977 (40-77) accounting, existing clients, confidences, disclosure, client funds, secrets, service to lawyers Topic: Confidences of client; accounting information; outside service agency Digest: With proper safeguards and absent client’s objection, lawyer may supply confidential information to outside service agency for certain limited purposes, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #472 – 07/14/1977 (72-77) claims, existing claims, corporation denial, duty of lawyer, litigation Topic: Independent professional judgment; general counsel Digest: General counsel not required to commence litigation which he believes to be without merit Code: DR 2-109(A)(1) and (2), 7-102 (A)(1) and (2); EC 7-1, … Continued