Category: Ethics Opinions

Ethics Opinion 328

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #328 – 03/18/1974 (30-73) appearance of impropriety, communication, illegal conduct, legal profession, opposing counsel, opposing party, recordings, secrets, unlawful or illegal conduct, witnesses Clarified by 51 Topic: Fairness and candor; Secret recording of conversation Digest: Except in special situations improper for attorney engaged in private … Continued

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 317

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #317 – 12/18/1973 (47-73) client consent, legal fees, opposing counsel Topic: Division of fees among lawyers Digest: Lawyers for different parties may not pool fees and share in the combined total. Code: DR 2-107(A)(2); EC 2-22; Canon 9 QUESTION May lawyers for parties having different … Continued

Ethics Opinion 316

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #316 – 12/18/1973 (46-73) advertisements, appearance of impropriety, holding out, law office, partnership, self-laudation, solicitation, specialization Topic: Advertising; brochure describing law partnership Digest: Brochure listing lawyers in firm and describing their qualifications improper Code: DR 2-101(A) and (B); DR 2-105 (A); cf. DR 2-102(A)(2); Canon … Continued

Ethics Opinion 315

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #315 – 12/18/1973 (41-73) adverse interests, appearance of, conflict of, criminal practice, duty of, indigents, part-time, prosecutors, public defenders, public employees, representation, town/village Modified by 544 Topic: Town attorney holding position as public defender Digest: Part-time town attorney may hold position as part-time public defender … 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