Digest: Subject to various Rules regarding fee sharing, referral fees, solicitation, aiding the unauthorized practice of law, and supervision of nonlawyers, a lawyer may enter into a non-exclusive agreement with a paralegal who refers clients to the lawyer and completes forms for submission to judicial and non-judicial bodies. Rules: 5.3, 5.4(a), 5.5(b), 5.8, 7.2(a) FACTS 1. The … Continued
Digest: A lawyer may pass on a merchant processing fee to clients who pay for legal services by credit card provided that both the amount of the legal fee and the amount of the processing fee are reasonable, and provided that the lawyer has explained to the client and obtained client consent to the additional … Continued
Digest: A former district attorney may be employed by a public defender’s office in the same county. The former district attorney shall not personally represent a public defender client in a matter in which he was personally and substantially involved as district attorney or in which he is conflicted because he acquired “confidential government information” … Continued
Digest: A lawyer may not purchase claims through a company he owns from clients of a law firm where the lawyer is employed and then prosecute those claims by retaining the law firm. Whether a lawyer can purchase claims through a company he owns from clients of a law firm where the lawyer is employed, and … Continued
Note: These and other opinions are available on the NYSBA website at NYSBA.ORG/ETHICS. Opinion 1255 (05/26/2023) Topic: Romantic relationship between criminal defense attorney and county deputy sheriff Digest: Where a criminal defense attorney is in a romantic relationship with a county deputy sheriff, the attorney must determine if a reasonable lawyer would conclude there is a … Continued
Digest: A part-time assistant public defender whose law partner is both his cousin and a part-time town court judge may not represent clients of the public defender’s office in the town court where his cousin/law partner and his cousin’s co-judge serve because that representation would violate Rule 8.4(f). The assistant public defender may, however, represent … Continued
Digest: After the termination of the representation, a lawyer may publish an article that discusses legal issues in the representation, as long as the article does not reveal confidential information without the consent of the client. Confidential information does not include a lawyer’s “legal knowledge or legal research” or information that is “generally known” in … Continued
Digest: A website that promises to connect potential clients with attorneys whom the website claims have excellent qualifications and are carefully vetted constitutes an “advertisement” on behalf of the lawyers available through the website (see Rule 1.0(a) and Rule 7.1), and the lawyers’ payment to the business providing this service constitutes an improper payment for a … Continued
Digest: An attorney may not report a client’s confidential information to a government agency that funds the representation of the client without the client’s informed consent. Rule: 1.0(j), 1.4, 1.6(a)-(b), 1.8(f), 1.9(c), 1.18(b) FACTS 1. The inquirer receives funding from a government agency to support the representation of clients in immigration matters. The agency requires information from … Continued
Digest: A lawyer formerly employed by a Legal Aid Society office would not have a conflict in representing a client in a matter adverse to a party who had been represented by other lawyers in that office at that time unless the lawyer, while at Legal Aid, acquired confidential information that was material to the … Continued