Category: Ethics Opinions

Opinion 437

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #437 – 07/19/1976 (46-76) criminal practice, office sharing, partnership, part-time public, prosecutors, sharing offices Topic: Sharing office space with assistant district attorney Digest: Improper for lawyer who shares office space with an assistant district attorney to practice criminal law in the county for which the … Continued

Opinion 436

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #436 – 07/19/1976 (42-76) conflict of interests, client consent, employee, employment, matrimonial matters, representation Topic: Confidences of a prior client Digest: Law firm may not represent a wife in a matrimonial action in which the husband had been recently represented by an associate in another … Continued

Opinion 435

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #435 – 07/13/1976 (44-76) appearance, city council, conflict of interests, county legislator, criminal practice, legislature, part-time public Topic: Private practice of county legislators; conflict of interests Digest: Guidelines for private practice of county and other part-time legislators; no disqualification where no actual or potential conflict … Continued

Opinion 434

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #434 – 07/13/1976 (12-76) advertisements, bar, employee, foreign, multi-state law firm, partnership Overrules #41 and 237 Topic: Multi-state law firm; Letterhead Digest: Law firm with offices in two states may properly show on New York letterhead both office addresses, that a partner is a member … Continued

Opinion 433

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #433 – 06/23/1976 (33-76) adverse interests, conflict of interests, partnership Topic: Conflict of Interests Digest: Generally improper for an attorney to represent a plaintiff in a prospective action in which there is the real possibility that the prospective defendant may implead a third-party which is … Continued

Opinion 432

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #432 – 05/20/1976 (19-76) grievance, prosecutors Topic: District attorney as a member of grievance committee. Digest: Improper for a district attorney to serve as a member of grievance committee of a bar association. Code: DR 1-103(B); Canon 1 QUESTION May a district attorney serve on … Continued

Opinion 431

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

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

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

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