NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #408 – 08/28/1975 (64-75) client consent, legal fees Topic: Division of fees between lawyers Digest: Proper to divide fees between lawyers provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable Code: … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #407 – 08/28/1975 (62-75) communication, duty of lawyer, failure to act, opposing counsel Topic: Failure to respond to another attorney’s telephone calls or correspondence Digest: Improper for lawyer as a course of conduct to fail to respond to another attorney’s telephone calls or correspondence Code: … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #406 – 08/20/1975 (61-75) dual practice Topic: Lawyer as private investigator Digest: A lawyer may engage in the dual practice of law and another occupation as a private investigator subject to the restrictions provided by the Code Code: Canon 2; DR 2-102(E) QUESTION May a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #405 – 08/13/1975 (37-75) confidences, criminal practice, disclosure, fraud Topic: Disclosure of client’s confidences Digest: Improper for a lawyer representing a client who is charged with the crime of larceny to divulge to the authorities confidential information obtained from the client as to the location … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #404 – 08/13/1975 (23-75) communication, opposing party, public, school board Topic: Communication with adverse party Digest: Not improper for attorney to communicate with individual members of board of education under limited circumstances Code: DR 7-104(A)(1) QUESTION Where a board of education is split on a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #403 – 07/09/1975 (60-75) advertisements Modifies 81 Topic: Telephone directory listing; advertising Digest: Lawyer’s listing in classified telephone directory may include firm name, night telephone number, name of office building Code: DR 2-102(A)(5) and (6); 2-105(A)(1) EC 2-9, 10; Canon 2 QUESTION May a lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #402 – 07/09/1975 (59-75) adverse witnesses, communication, employee, investigator, witnesses Topic: Lawyer-employed investigator befriending prosecution witness Digest: Not improper to employ investigator to befriend key prosecution witness to ascertain truthfulness of testimony Code: Canons 6, 7; EC 7-19, 26, 28; DR 1-102(A)(4); 7-109(C) QUESTION Following … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #401 – 07/09/1975 (53-75) advertisements, existing clients, education, legal bulletins, name, newspapers, publicity, use of Topic: Newsletter; advertising Digest: Not improper for newsletter prepared by a law firm for a client for distribution by the client in profit-making enterprise to name the lawyer and the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #400 – 06/27/1975 (46-75) collection, legal fees Overruled by N.Y. State 608 (1990) Topic: Attorney’s fees Digest: Improper to use collection agency to collect attorney’s fees Code: EC 2-23 QUESTION May a law firm turn its delinquent accounts over to a collection agency to recover … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #399 – 06/16/1975 (48-75) bank, credit card, legal fees, interest, law office Overrules in part #’s 87, 193 Topic: Interest on delinquent accounts Digest: Not per se improper for lawyer to charge interest, or to use a credit card plan which assesses interest charges against … Continued