NEW YORK STATE BAR ASSOCIATION existing clients, client consent, files, liens, partnership Committee on Professional Ethics Opinion #398 – 06/10/1975 (42-75) Topic: Clients’ files; release to withdrawing law partner Digest: Law partnership may properly require instructions from client before turning over file to withdrawing partner Code: EC 5-12, 7-38; DR 7-101(A)(1); 9-102(B)(4) QUESTION May a … Continued
NEW YORK STATE BAR ASSOCIATION appearance, conflict of interests, criminal pracitce, prosecutors, state Committee on Professional Ethics Opinion #397 – 06/10/1975 (33-75) Topic: Conflicts; criminal defense Digest: Member of state investigation agency may not practice criminal law Code: Canon 9; DR 5-105; EC 8-8, 9-2 QUESTION May a lawyer who is a member of a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #396 – 06/10/1975 (29-75) existing clients, communication, duty of lawyer, failure to act Topic: Lawyer’s failing to return client’s telephone calls Digest: Improper for lawyer as a course of conduct to fail to respond to clients calls Code: Canon 6, 9; EC 9-1 QUESTION Does … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #395 – 06/10/1975 (19-75) appearance, confidences, conflict of interests, corporation, criminal practice, representation Topic: Conflict of interest; confidences of former client Digest: Former lawyer for corporation may not represent stockholder in action against former president, individually, unless no disclosure of confidential information is required Code: … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #394 – 05/29/1975 (35-75) advertisements, indigents, legal services, solicitation Topic: Advertising; solicitation Digest: A Legal Aid Society may publish in a newspaper the availability of legal assistance for the indigent Code: EC 2-1, EC 2-15; DR 2-101(A) and (B) QUESTION May a Legal Aid Society … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #393 – 05/29/1975 (32-75 employee, law clerk )Topic: Law Clerk Digest: Law Clerk’s activities are limited Code: EC 3-6 QUESTION What activities may be properly delegated to a law clerk on whose behalf a certificate of clerkship has been filed? OPINION A law clerk on … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #392 – 05/29/1975 (15-75) appearance, conflict of interests, dual practice, estate, part-time public, public, solicitation, state, tax Topic: Part-time State employee; Conflict of interests; Improper solicitation Digest: Conditions under which State Estate Tax Attorney may practice in Surrogate’s Court Code: Canon: 5, 6, 9; EC: … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #391 – 05/21/1975 (31-75) judges, judicial campaigns, political actiity Topic: Campaign material of judicial candidate Digest: An attorney seeking judicial office should conform with the guidelines set forth in N.Y. State 289 (1973) Judicial Code: Canon 7 (B) QUESTION May an attorney seeking judicial office … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #390 – 05/21/1975 (30-75) criminal practice, legal fees, litigation, public Topic: Contingent Fees Digest: Contingent fees are not improper per se Code: EC 2-20, 5-7; DR 2-106(B)(8) QUESTION May an attorney be compensated on a contingent fee basis to process an application for a rate … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #389 05/21/1975 – (27-75) conflict of interests, judges, prosecutors, town/village Topic: Former Town Justice appearing as Town Attorney in same matter Digest: Improper for attorney to accept employment as an advocate in any matter upon the merits of which he has previously acted in a … Continued