Practice Area: Ethics

Ethics Opinion 1203

Topic: Withdrawal from representation based on attorney health concerns Digest: An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear renders it difficult for the attorney to carry out the representation effectively. Rules: 1.0(w), … Continued

Ethics Opinion 1202

Topic: Legal fees Digest: A lawyer may charge a fixed fee for a matter as long as it is not excessive, and the lawyer specifies the services that are included in the engagement. The client must remain liable for costs, other than as permitted by Rule 1.8(e). The lawyer may require advance payment of fees, … Continued

Ethics Opinion 1201

Topic: Retired lawyers; referral fees Digest: A lawyer who received a referral of a contingency-fee wrongful death matter from a lawyer who later retired under the rules of the Office of Court Administration before the conclusion of the case may share the legal fee with the retired lawyer if the latter assumed joint responsibility for … Continued

Ethics Opinion 1200

Topic: Dual practice as a lawyer and wealth management provider; conflicts of interest Digest: A lawyer may not simultaneously provide legal services and wealth management services to a client for separate fees. A lawyer may provide wealth management services to non-law clients, subject to Rule 5.7. A lawyer may not refer a law client to … Continued

Ethics Opinion 1197

Is a lawyer participating in a free legal services program and receiving a nominal fee from the program administrator subject to the full panoply of provisions governing conflicts of interests set out in the Rules?

Social Distance Lawyering – How Close is Your Ethical Compliance?

  New Yorkers are grappling with the post-COVID-19 return to life from lockdown, whenever that may be. For months now, serious public health and safety concerns have, rightfully so, dominated the conversation: social distancing, face coverings, and contact tracing, to name but a few.  In the wake of the pandemic, the personal and professional lives of … Continued