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Criminal Defense

Ethics Opinion 1261: Conflicts of Interest

TOPIC: Conflicts of Interest 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…
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Attorney Signature

Ethics Opinion 1260: Responsibilities of a lawyer in a non-legal position

Topic: Responsibilities of a lawyer in a non-legal position 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…
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Solos and Small Firm Lawyers Conference

Ethics Opinion 1259: Collaboration between lawyer and paralegal

Topic: Collaboration between lawyer and paralegal 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…
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Credit Card

Ethics Opinion 1258: Credit Card Fees as an ‘Expense’

Topic: Credit card fees as an “expense” 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…
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Public Defender Office

Ethics Opinion 1257: Conflicts of Interest; Former District Attorney in Public Defender’s Office

Topic: Conflicts of Interest; Former District Attorney in Public Defender’s Office 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…
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Ethics Opinion: Lawyer purchasing claims from clients of his law firm through a company he owns

#1256 Topic: Lawyer purchasing claims from clients of his law firm through a company he owns and then prosecuting those claims by retaining the law firm, or by retaining another law firm with which the lawyer has no affiliation. Digest:…
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Romantic Relationship Between Criminal Defense Attorney and County Deputy Sheriff

Ethics Opinion 1255: Romantic Relationship Between Criminal Defense Attorney and County Deputy Sheriff

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 significant…
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Ethics Opinion 1254: Affiliation with a lawyer who is not admitted in New York

Topic: Affiliation with a lawyer not admitted in New York Digest: A New York-admitted lawyer may affiliate and share fees with an out-of-state lawyer residing in New York and practicing immigration law in New York only if (1) neither the…
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Conflict of interest

Ethics Opinion 1253: Conflicts of Interest Among Family Members

Topic: Conflicts of interest among family members Digest: A lawyer who represents the Executor of an estate and simultaneously represents a beneficiary of the estate in an unrelated matter does not have a concurrent conflict of interest. “Differing interests” may…
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Referral Fee

Ethics Opinion 1252: Referral Fees for NonLegal Services

Topic: Referral Fees Digest: A licensed attorney who only provides nonlegal services to real estate clients may receive referral fees from a third-party investment advisor. Rules: 1.7, 1.8, 5.7 FACTS: The inquirer is a member of the New York State bar…
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NYSBA Publications

NYSBA produces and releases a variety of publications that pertain to case law, procedural developments, practice management, and a host of other topics of interest to legal professionals. Learn more by selecting a publication below, and read the latest issue or browse the archives. Note: Some issues and archives require you to login to the site first to access.

NYSBA Journal Latest Issue

NYSBA Journal: July-August 2023

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State Bar News: Summer 2023 Edition

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CasePrep Plus

CasePrep Plus

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New York State Law Digest: July 2023 Edition

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