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Ethics Opinion 1229
Topic: Lawyer’s Rights and Duties after Death of a Client Digest: A lawyer may not settle a claim for a client after the client has died absent authorization from a duly qualified representative of the decedent. Rules: 1.2(a), 1.16(d) FACTS:…
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Ethics Opinion 1228
Topic: Submitting draft complaint with demand letter Digest: A lawyer who sends a demand letter to a potential civil defendant may include a draft complaint and a statement that the draft complaint will be filed if the matter is not…
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Ethics Opinion 1227
Topic: Advertising, solicitation, targeted email to prospective clients Digest: Email communication from out-of-state law firm to a list of specific individuals in New York, seeking clients for future false advertising and products liability class actions, is both an advertisement and…
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Ethics Opinion 1226
Topic: Use of Domain Name Different from Name of Law Firm Digest: An attorney may use a domain name that differs from the name of the law firm under which the attorney practices, provided the domain name and law firm…
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Ethics Opinion 1225
Topic: Counseling clients engaged in recreational marijuana business; accepting partial ownership of recreational marijuana business in lieu of fee; personal use of recreational marijuana. Digest: In light of current federal enforcement policy, the New York Rules of Professional Conduct permit…
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Ethics Opinion 1224
Topic: Conflicts of interest; diminished capacity. Digest: When a lawyer is jointly representing two clients as joint purchasers in a transaction and one of them no longer wishes to proceed, the lawyer cannot continue to represent both clients without violating…
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Ethics Opinion 1223
Topic: Dual practice; Rental of office space Digest: Renting law office space for lawful purposes is a permitted nonlegal business for a lawyer. Where a lawyer who owns a nonlegal services business is providing nonlegal services to persons who are…
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Ethics Opinion 1222
Topic: Non-legal services; mediation; unauthorized practice of law Digest: Lawyers may not jointly own a mediation business with nonlawyers if the mediation business employs lawyers to provide legal services to mediation clients. Lawyers may jointly own a mediation business with…
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Ethics Opinion 1221
Topic: Lawyer reaching out to former clients Digest: A lawyer who has changed law firms may contact clients she represented for estate planning purposes at her previous firm, may inform or remind these former clients that she has joined a…
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Ethics Opinion 1220
Topic: Falsely advertising a partnership among law firms Digest: Separate and independent law firms may not form a PLLC and advertise themselves as members of “ABC Law Group PLLC” because (i) the name would be a false, deceptive or misleading…
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