Category: Ethics Opinions

Opinion 421

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #421 – 10/29/1975 (85-75) existing clients, communication, corporation, employment, lawyer-accountant, representation, review Topic: Reviewing work of other lawyer Digest: Not improper for accountant’s lawyer to accept employment to review work of lawyer for accountant’s client when relevant to accountant’s work; not improper for him to … Continued

Opinion 420

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #420 – 10/29/1975 (43-75) appearance, communication, ex parte, part-time public, political activity, prosecutors, public Topic: Prosecutor’s public statements; ex parte communications to court Digest: Prosecutor must exercise extreme caution in public statements and may not send ex parte communications to judges concerning general policy on … Continued

Opinion 419

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #419 – 10/08/1975 (82-75) part-time public, prosecutors Clarified by #492 Topic: Conflict; prosecutor as former defense counsel in same case Digest: Improper for assistant district attorneys to prosecute cases defended by the Legal Aid Society of which the District Attorney, prior to his appointment, was … Continued

Opinion 417

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #417 – 10/08/1975 (73A-75) employment, legal fees, labor, legal assistance, legal services Topic: Fees; group legal service plan Digest: Group legal service plan sponsor and participating lawyers may agree in advance to appropriate fee schedule, with fees payable by plan beneficiaries Code: EC 2-17, 2-18, … Continued

Opinion 416

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #416 – 10/08/1975 (73-75) legal assistance, legal services Modifies #76, 80, 98, 163, 172, 297, 309 Topic: Group legal service plans; labor union legal service plan Digest: Guidelines generally applicable to group legal service plans; guidelines applicable to labor union legal service plans Code: EC … Continued

Opinion 418

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #418 – 10/07/1975 (80-75) appearance, conflict of interests, county legislator, legislature, part-time public, part-time public official Topic: Part-time county legislator; conflict Digest: Improper for attorney, part-time county legislator, to represent party in court in same county when opposing party is represented by county attorney appointed … Continued

Opinion 415

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #415 – 10/06/1975 (76-75) appearance, conflict of interests, client consent, legislature, partnership Topic: Disqualification of partners and associates Digest: Members other than the legislator of a law firm of which the legislator is a partner may represent clients before a state agency only when a … Continued

Opinion 414

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #414 – 10/01/1975 (78-75) client consent, legal fees, referral Topic: Division of fees Digest: Lawyers may agree in advance on a division of fees based on shared responsibility and services Code: EC 2-22; DR 2-107(A) QUESTION May attorneys who share services and responsibility for a … Continued

Opinion 413

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #413 – 09/30/1975 (63-75) adverse interests, appearance, business interests, conflict of interests, client consent, dual practice, municipality, prosecutors, public Topic: Business relationship; prosecutor and defense counsel unrelated to practice of law Digest: An assistant district attorney may not enter into a business unrelated to practice … Continued

Opinion 412

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #412 – 09/11/1975 (41-75) criminal practice, legal fees Topic: Contingent fees in criminal matters Digest: Contingent fee arrangements in criminal matters are improper; but non-contingent fee arrangements may properly depend in part upon the results obtained Code: EC 2-20; DR 2-106(B), 2-106(C) QUESTION May a … Continued