Category: Ethics Opinions

Opinion 427

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

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 424

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 425

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 423

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

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

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