Category: Ethics Opinions

Ethics Opinion 375

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #375 – 03/26/1975 (57-74) Topic: Advice on foreign law Digest: Not improper to advise on foreign law if competent to do so Code: EC 3-9; 6-3; DR 6-101(A)(1) QUESTION May a lawyer advise a client with respect to the law of a jurisdiction in which … Continued

Opinion 381

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #381 – 03/26/1975 (12-75) Topic: Name of professional corporation Digest: Professional corporation name may not include former partner who is practicing law or an ‘Of Counsel’ lawyer Code: EC 2-11; DR 2-102(B) QUESTION May a professional legal corporation include as part of its name the … Continued

Opinion 380

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #380 – 03/26/1975 (10-75) Topic: Practice before a small claims part of a local court by attorney who occasionally serves as arbitrator in the same small claims part Digest: Not improper for an attorney who occasionally voluntarily serves as a non-paid arbitrator in a small … Continued

Ethics Opinion 374

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #374 – 02/26/1975 (59-74) appearance, conflict of interests, disqualification, judges, partnership Overruled by #548 Topic: Law firm partner’s spouse as judge’s secretary Digest: Law firm prohibited from practicing before judge during the employment by the judge of a partner’s spouse as his secretary Code: Canon … Continued

Ethics Opinion 373

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #373 – 02/26/1975 (55-74) advertisements, letterhead, mailing, soliciting for Topic: Advertising: Use of Professional Letterhead to Solicit Charitable Contribution Digest: Improper to use lawyer’s letterhead to circularize appeal for charitable contribution except to fellow lawyers Code:  DR2-101(B); 104(A)(1); EC 9-6; Canon 6 QUESTION May an … Continued

Ethics Opinion 372

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #372 – 02/26/1975 (54-74) client consent, legal fees, municipality, no-fault law Topic: Securing legal fees under N.Y. No-Fault Law Digest: Not improper to assign to attorney benefits under no-fault insurance to secure attorneys fees Code: EC 5-7; 9-2 QUESTION Is the assignment to an attorney … Continued

Ethics Opinion 371

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #371 – 02/26/1975 (52-74) collection, communication, legal fees, law practice, lawyer referral, recommendation for Topic: Acceptance by attorney of referral cases from collection agency which selected him Digest: In the absence of authorization from client it would be improper to accept reference case from collection … Continued

Ethics Opinion 370

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #370 – 12/19/1974 (53-74) legal fees, judges, partnership, salary, town Topic: Sharing salary by part­time judge Digest: Town Justice may not share his salary with his law partners, either directly or indirectly Code of Judicial Conduct: Canon 2 QUESTION May a lawyer who is a … Continued

Ethics Opinion 369

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #369 – 12/19/1974 (51-74) corporation, employee, legal fees, judges, partnership, professional, salary Topic: Professional legal corporation division of fees received by lawyer employees Digest: Fees received by salaried lawyer employee of professional legal corporation may properly be turned over to the corporation Code: EC 2-22; … Continued

Ethics Opinion 368

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #368 – 11/22/1974 (47-74) appearance, conflict of interests, prosecutors, public, spouse-lawyer Topic: Conflict of interests; Lawyer spouses representing conflicting interests Digest: Not per se improper for lawyer to represent client against county which employs lawyer’s spouse In county attorney office, but lawyer spouses should not … Continued