Category: Ethics Opinions

Opinion 431

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #431 – 04/28/1976 (2-76;10-76) conflict of interests, county legislator, criminal practice, legislature, part-time public Clarifies #424 Topic: County legislator; Criminal practice Digest: Improper for county legislator to represent defendant in same county when prosecution is by a district attorney or assistant district attorney in a … Continued

Opinion 430

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #430 – 04/21/1976 (23-76) appearance, newspapers, part-time public, prosecutors Topic: Conflict of interest; Appearance of impropriety; Part-time County Attorney Digest: Part-time county prosecuting attorney may not represent private client in civil litigation against county Code: DR 5-101(A),(B); 5-105(A); 8-101; 9-101 EC 5-14, 15; 7-13; 8-8; … Continued

Opinion 429

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #429 – 04/21/1976 (18-76) city council member, legislature, part-time public Topic: Former public employee; Conflict Digest: Not improper for former City councilman to represent false arrest plaintiff if he did not have a substantial responsibility regarding the arrest during his term as councilman Code: EC … Continued

Opinion 428

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #428 – 03/01/1976 (107-75) advertisements, communication, legal fees, labor, legal assistance, legal services, recommendation for employment Topic: Advertising; Solicitation; Prepaid Legal Service Programs Digest: Lawyer may permit identification, services available and fees to be stated in brochure distributed by qualified legal service organization; lawyer may … Continued

Opinion 427

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #427 – 02/25/1976 (120-75) criminal practice, ndigents, part-time public, prosecutors, town/village Modified by #544 Topic: Indigent criminal defendants; representation Digest: Improper for the administrator of such plan, assistant district attorneys or their partners and associates, the county attorney or assistant county attorneys, members of the … Continued

Opinion 426

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #426 – 02/10/1976 (116-75) employment, recommendation for employment Topic: Lawyer referral service Digest: Improper for an attorney associated with the direction or administration of a lawyer referral service to accept referrals from the service Code: DR 2-103(C) & (D), 5-105(D); EC 2-8, 9-6 QUESTION May … Continued

Opinion 425

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #425 – 11/25/1975 (101-75) advice, existing clients, competency, duty of lawyer, legal advice, matrimonial matters Topic: Scope of the attorney’s duty in matrimonial proceedings Digest: Attorney as a minimum must inform his client that child custody, support, alimony and property division are topics to be … Continued

Opinion 424

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #424- 11/25/1975 (99-75) appearance, conflict of interests, county legislator, criminal practice, legislature, part-time public, prosecutors Clarified by #431 Topic: County legislator; criminal practice Digest: Improper for part-time county legislator to represent defendant in the same county when the prosecution is by the district attorney who … Continued

Opinion 423

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #423 – 11/06/1975 (91-75) collection, corporation, dual practice, non-lawyer, professional Topic: Merger of law firm and collection agency Digest: Not proper for law firm or professional corporation to engage in the business of collection agency Code: DR 3-103; 3-101(A); 5-107(C) EC 3-8; 5-23 QUESTION May … Continued

Opinion 422

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #422 – 11/06/1975 (86-75) confidences, employee Topic: Secretary; employment Digest: Attorney having adversarial matters with law firm may properly employ secretary leaving that firm if precaution is taken to prevent disclosure of confidential information Code: Canon 9; EC 4-1, 4-6; DR 4-101(D) QUESTION May an … Continued