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
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #471 – 06/09/1977 (58-77) appearance, conflict of interests, duty of lawyer, fiduciary, mortgage, partnership, real estate Topic: Partnership; conflicting interests; fiduciary obligation; receiver in mortgage foreclosure action Digest: Receiver in mortgage foreclosure action may retain his firm to act as his counsel Code: Canons 1, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #470 – 06/07/1977 (66-77) appearance, city attorney, conflict of interests, part-time public, prosecutors, real estate Topic: Conflict of interests; city attorney; urban renewal agency Digest: Part-time city attorney may not appear before urban renewal agency for purpose of obtaining modification of plan which would enable … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #469 – 06/07/1977 (64-77) claims, denial, litigation Topic: Pleadings; general denial Digest: Improper for lawyer to interpose general denial knowing that his client has no valid defense Code: Canons 1 and 7; EC 7-25; DR 2-109(A)(2), 7-102(A)(2) QUESTION May a lawyer interpose a general denial … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #468 – 05/18/1977 (51-77) appearance, conflict of interests, part-time public, town/village Topic: Conflict of Interests; Town Attorney; Village Attorney Digest: Not improper per se for lawyer to be both attorney for town and village located within town Code: EC 5-15 QUESTION May a lawyer at … Continued