NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #348 – 06/21/1974 (35-73) appearance of impropriety, duty of lawyer, legal profession, misconduct, privilege Topic: Obligation to respond to grievance committee inquiry Digest: lawyer is obliged to respond to grievance committee inquiry, but response may include bona fide claim of privilege Code: Canon 1, 8, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #347 – 05/30/1974 (35-74) advice, existing clients, employee, law practice, paralegals executing will, wills Topic: Execution of a Will without presence of attorney Digest: A lay person may execute his Will without the presence of the attorney draftsperson Code: EC 3-7; DR 3-101(A) QUESTION May … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #346 – 05/30/1974 (27-74) advertisements, law firm, letterheads, name, partnership name, use of Topic: Letterhead Digest: Improper to list an attorney as ‘inactive” on firm’s letterhead after he has commenced practice in another jurisdiction Code: EC 2-11; DR 2-102(A)(4); 2-102(B),(C) QUESTION May a law firm … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #345 – 05/30/1974 (24-74) advertisements, announcements Topic: Law office open house Digest: The propriety of a law office open house depends upon its apparent motivation Code: Canon 9; EC 2-9; 2-10; DR 2-101(B); 2-102(A) QUESTION May a law office invite clients, relatives, friends and public … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #344 – 05/30/1974 (21-74) conflict of interests, holding out, law school, multi-state law firm, partnership Topic: Out-of-state partners in both New York and out-of-state law firms Digest: Out-of-state lawyers may be partner in New York law firm and also in separate out-of state law firms … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #343 – 05/30/1974 (19-74) existing clients, delegation, duty of lawyer, employee, law practice, paralegals, wills Topic: Paralegal supervision of execution of Wills Digest: Paralegals may not supervise the execution of a Will Code: EC 3-5, 3-6, 3-7; DR 3-101 (A) QUESTION May an attorney delegate … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 342 – 05/30/1974 (18-74) partner appearing before Topic: Conflict of interest; appearance of impropriety; practice of partner or associate of town justice Digest: Partner or associate of town justice may appear before administrative board or agency of the town depending on circumstances Code: Canon … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #341 – 05/30/1974 (11-74) confidences, client consent, disclosure, employment, partnership, retirement, will custodian, wills Topic: Notice to clients whose Wills lawyer holds when he retires Digest: Neither a lawyer nor his partners need notify a client whose Will the firm holds of the lawyer’s retirement, provided … Continued
NEW YORK STATE BAR ASSOCIAT’ION Committee on Professional Ethics Opinion #339 – 04/25/1974 (15-74) existing clients, liability, misconduct, negligence of lawyer, release Topic: Limitation of liability to client by attorney Digest: Improper for an attorney to demand, in addition to a fee, a general release from client as a condition of return of client’s documents … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #338 – 04/25/1974 (14-74) advice by lawyer, employment, legal fees, legal advice, solicitation Topic: Solicitation; referral fee from another lawyer Digest: With narrow exceptions, lawyer may not accept employment resulting from his giving unsolicited advice to a layman nor may a lawyer accept referral fee … Continued