Ethics Opinion 123

By Committee on Professional Ethics

NEW YORK STA’TE BAR ASSOCIATION
Professional Ethics Committee Opinion

Opinion #123 – 12/05/1969 (31-69)
Topic: House Counsel as attorney of record on behalf of employer

Digest: House Counsel may appear as attorney of record on behalf of employer
Canon: Canon 2, DR 2-104(A) (4)

QUESTION

An attorney, employed full time on the legal staff of a corporation, asks whether he may appear• as attorney of record and represent his employer in court proceedings.

OPINION

An attorney employed on a full time basis as counsel for a single client is not precluded, from an ethical standpoint, from representing the client in court proceedings, irrespective of whether the client is incorporated or unincorporated.A lawyer with a single client has the same duty as any other lawyer to exercise his independent professional judgement in dealing with the client’s affairs.

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