NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #461 – 03/08/1977 (4-77) Client consent, fees Topic: Fire adjuster splitting commission with lawyer Digest: Not improper for lawyer to accept portion of commission obtained by fire adjuster in connection with loss sustained by client, provided client has consented to arrangement and all proceeds thereof … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #460 – 02/28/1977 (12-77) existing clients, confidences, client consent, files Topic: Preservation of closed files Digest: Circumstances under which lawyers may dispose of closed files Code: EC 1-5, 4-6, 7-1, 7-8, 7-11, 7-12; DR 1-102(5), 4-101 QUESTION Under what circumstances may a lawyer properly dispose … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #459 – 01/24/1977 (119-76) advertisements, name, partnership, use of Topic: Professional announcement Digest: Announcement may include reference to resigning partner assuming judicial office Code: DR 2-102(A)(2) and (B) QUESTION May a law firm include in an announcement of its change of name reference to the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #458 – 01/21/1977 (125-76) existing clients, education, legal bulletins, newspapers, solicitation Topic: Newsletter; improper solicitation Digest: Circumstances under which law firm may distribute newsletter bearing its name that has been prepared by others Code: EC 2-2, 2-3, 2-4, 2-5, 9-6; DR 2-101(A) and (B), 2-103, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #457 – 01/20/1977 (87-76) appearance, conflict of interests, estate, part-time public, public, state, tax Topic: Public employee engaged in private practice; conflict of interest. Digest: Rule prohibiting State estate tax attorney from representing private client in State estate tax matters precludes representation of client in … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #456- 01/05/1977 (112-76) former clients, defamation, grievance, litigation, privilege Topic: Suit against former client; defamation action by lawyer based on complaint filed with grievance committee Digest: Improper to sue former client for defamation where lawyer has reason to believe that defamatory statements would be protected … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #455 – 12/30/1976 (100-76) children, existing clients, confidences, criminal practice, illegal conduct, unlawful or Topic: Counseling violation of law of another state Digest: Improper for lawyer to counsel or assist client in violating law of another state Code: Canon 7; EC 7-5, 7-22; DR 7-102(A)(7) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 454 – 12/30/1976 (84-76) bankruptcy, confidences, client consent, disclosure, duty of lawyer, employment, fraud Topic: Disclosure; confidences and secrets of client Digest: Disclosure of confidences and secrets no longer required Code: Canons 4 and 7; DR 4-101(B) and (C), 7-102 (B) (1) QUESTION Subsequent … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #453 – 12/14/1976 (82-76) confidences, conflict of interests, client consent, municipality, part-time public, public, tax, town/village Topic: Deputy town attorney; tax certiorari; practice by former deputy town attorney Digest: Former deputy town attorney may represent clients in tax certiorari proceedings under certain circumstances Code: EC … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #448 – 12/13/1976 (74-76) arbitration Topic: Arbitration: Propriety of disputant’s lawyer serving on public arbitration panel Digest: Lawyer for party to arbitration under Civil Service Law may serve as a nonneutral arbitrator on public arbitration panel Code: EC 5-20 QUESTION Is the lawyer for one … Continued