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Lawyer holding document and speaking to jury in courtroom

Ethics Opinions 1214

Topic: Frivolous arguments to a court; withdrawal. Digest: A lawyer is ethically prohibited from presenting a frivolous argument to a court. If the lawyer cannot find a non-frivolous basis on which to proceed with a client’s motion and the client persists on putting before the court arguments the lawyer believes to be frivolous, the lawyer … Continued
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Employees dispute accusing colleague during company meeting

Ethics Opinions 1213

Topic: Lawyer paying for recommendation Digest: AA lawyer may not participate in an internet lawyer-client matching service that vouches for the lawyer’s credentials, competence and effectiveness, and recommends the lawyer as the “best lawyer” for the needs of the potential client. Rules: 5.4(a), 7.1(a), 7.2(a) FACTS: 1. The inquirer is a lawyer who wishes to … Continued
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Lawyer holding document and speaking to jury in courtroom

Ethics Opinions 1212

Topic: Public Defender’s Obligation as to Closed Files and Transfer of Files upon De-Funding of Program Digest: Absent the client’s informed consent, a public defender may not deliver open or closed client files to the assigned counsel program. Rather, the public defender’s office must facilitate the transfer of open client matters to the client or … Continued
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Their finances are in the green

Ethics Opinions 1211

Topic: Fees vs. disbursements, charges of contract lawyer or co-counsel Digest: If a lawyer is handling a personal injury matter for a client who dies during the case, the attorney-client relationship automatically terminates, but the lawyer may enter into a new attorneyclient relationship with the former client’s putative personal representative. The new retainer agreement may … Continued
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Employees dispute accusing colleague during company meeting

Ethics Opinions 1210

Topic: Conflicts of interest; definition of law firm; public defender; part-time justice Digest: A county attorney’s office represents and advises the county public defender’s office on grant funding and other financial and administrative matters. However, the county attorney’s office has no access to information concerning the public defender’s clients, the two offices do not share … Continued
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JudicialSectionPage_1440X400

Ethics Opinions 1209

TOPIC: Retention of former appellate judge with respect to easement on which judge previously ruled. DIGEST: A former appellate judge, who was on a panel which issued a dispositive order about the scope of an easement, is personally disqualified from representing the owner of the servient estate of the same easement with respect to legal … Continued
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Real estate concept

Ethics Opinions 1208

Topic: Solicitation and Referral of Real Estate Matters by Real Estate Broker Employed by Lawyer as Paralegal Digest: A lawyer who has no financial interest in the commission generated by a real estate transaction may accept referrals for real estate closings from her paralegal who is also a real estate broker, provided such referrals will … Continued
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BringingEmployeesBacktotheOfficeKeyStepsandPreparationsforLawFirms_Social_web_675X250_1

Ethics Opinion 1207

Topic: Firm names; trade names Digest: A law firm may practice in New York using a name that does not include the name of any lawyer currently or formerly practicing in the firm (i.e., under a “trade name”) as long as the name under which the firm practices is not false, deceptive or misleading. A … Continued
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CLE_EstateLitigation1404_675

Ethics Opinion 1206

Topic: Litigation Financing Digest: A law firm may not refer its clients to a company providing litigation financing where the sole owner of the company is married to a lawyer who is “of counsel” to the law firm. Rules: 1.8(e); 1.8(i); 1.10 (a); 7.5(a). FACTS 1. The Committee has received an inquiry from a lawyer … Continued
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Close up african businessman shaking hands with client

Ethics Opinion 1205

Topic: Government Employee Negotiating for Private Employment Digest: A lawyer serving as in-house counsel for a federal agency may not negotiate for private employment with an organization that is an adverse party in litigation before the agency where the lawyer is participating personally and substantially in the litigation. Rules: 1.0(l) & (n), 1.11 FACTS 1. … Continued
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