Category: Ethics Opinions

Ethics Opinion 326

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #326 – 01/24/1974 (53-73) appearance of impropriety, conflict of interests, county legislator, legislature, part-time public official or employee, town board, zoning board Topic: Conflict of interest Digest: County legislator may not act as counsel to a town board of appeals Code: EC 8-8, 9-1; Canon … Continued

Ethics Opinion 325

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #325 – 01/24/1974 (51-73) communication, court, duty of lawyer, ex parte communications, opposing counsel Topic: Briefs Digest: Improper to submit a brief without delivering copy to opposing counsel Code: EC 7-35; DR 7-110(B) Judicial Code: Canon 3(A)(4) QUESTION May an attorney submit a brief to … Continued

Ethics Opinion 323

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #323 – 01/24/1974 (27-73) adverse interests, appearance of, conflict of, client consent, legal fees, municipality consenting, partnership, part-time public, prosecutors, public agency, public image, town/village, village mayor Topic: Partnership of village mayor and village attorney Digest: Law partners may not simultaneously serve as village mayor … Continued

Ethics Opinion 327

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #327- 01/24/1974 (57-73) appearance of impropriety, conflict of interests, judges, judicial campaigns, political activity, quasi-judicial officers Topic: Quasi-Judicial position in administrative agency limitation on political activities Digest: Restrictions imposed on political activities of judges apply to persons holding quasi-judicial positions in administrative agencies Code: EC … Continued

Ethics Opinion 324

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #324 – 01/24/1974 (45-73) advertisements, education, holding out, legal advice, legal writing, name, newspapers, publicity, publicity incidental, self-laudation, specialization Topic: Lawyer participation in newspaper sponsored programs concerning the legal profession Digest: Proper for lawyer to participate in newspaper sponsored programs on the legal profession Code: … Continued

Ethics Opinion 314

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #314 – 12/18/1973 (8-70) advertisements, appearance, business interests, dual practice, duty of lawyer Topic: Advertising: Non-practicing lawyer; Solicitation Digest: Proper for non-practicing lawyer to make limited identification of himself as a lawyer in a publication made in connection with another profession or business Code:  Canon … Continued

Ethics Opinion 322

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #322 – 12/18/1973 (56-73) adverse interests, conflict of interests, client consent, municipality, part-time public official or employee, public agency, representation Topic: Conflict of interest Digest: Improper to accept retainer from municipality while at the same time maintaining actions against the municipality Code: EC 5-1; EC … Continued

Ethics Opinion 321

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #321 – 12/18/1973 (54-73) name, partnership, prosecutors, public employments, use of Topic: Partnership name Digest: Improper to use in firm name the name of a former partner who has become a full time public official Code: EC 2-11; EC 2-12; DR 2-102(B) QUESTION May the … Continued

Ethics Opinion 320

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #320 – 12/18/1973 (52-73) conflict of interests, client consent, disclosure, legal fees, non-legal fees, newspapers and news media, real estate, rebate, title company Topic: Title company discount; attorney retention Digest: Attorney may not retain title company discount without crediting client unless the client expressly consents … Continued

Ethics Opinion 319

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #319 – 12/18/1973 (49-73) advertisements, dual practice, law practice, partnership, sale of Topic: Advertisement soliciting merger with law firm or attorney Digest: Law firm may not advertise in legal publication for “merger” with retirement minded attorney or with attorney having overflow work. Code: EC 2-9; … Continued