Digest: A part-time town attorney who has no prosecutorial responsibilities may, in his role as a part-time county public defender, represent criminal defendants at arraignments before a justice of the same town’s court even if that justice sometimes sits on rotation in a centralized arraignment part. Rules: 1.7(a)(1), (b) FACTS 1. County X recently established a centralized … Continued

Digest: A lawyer may pay for an advertisement on the website of a not-for-profit organization that provides online medical information for victims of toxic chemicals. Separately, the lawyer may make a financial contribution to the not-for-profit organization in exchange for the organization’s agreement to list the lawyer as a “sponsor” on the organization’s website. But the … Continued

Digest: An attorney may not represent a current criminal defense client in connection with providing testimony before a grand jury against a former criminal defense client unless the former client gives informed consent in writing and the disclosure of such representation will not be prejudicial or detrimental to the interests of the current client. Inasmuch … Continued

Digest: A lawyer employed as a lawyer’s assistant to provide both legal services and nonlegal services to the supervising lawyer’s client is subject to the Rules set forth in the New York Rules of Professional Conduct. Because the services provided by the legal assistant are part of a package of legal services provided by the … Continued

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