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

Digest: After the termination of the representation, a lawyer may publish an article that discusses legal issues in the representation, as long as the article does not reveal confidential information without the consent of the client. Confidential information does not include a lawyer’s “legal knowledge or legal research” or information that is “generally known” in … Continued

Digest: A website that promises to connect potential clients with attorneys whom the website claims have excellent qualifications and are carefully vetted constitutes an “advertisement” on behalf of the lawyers available through the website (see Rule 1.0(a) and Rule 7.1), and the lawyers’ payment to the business providing this service constitutes an improper payment for a … Continued

Digest: An attorney may not report a client’s confidential information to a government agency that funds the representation of the client without the client’s informed consent. Rule: 1.0(j), 1.4, 1.6(a)-(b), 1.8(f), 1.9(c), 1.18(b) FACTS 1. The inquirer receives funding from a government agency to support the representation of clients in immigration matters. The agency requires information from … Continued

Digest: A lawyer formerly employed by a Legal Aid Society office would not have a conflict in representing a client in a matter adverse to a party who had been represented by other lawyers in that office at that time unless the lawyer, while at Legal Aid, acquired confidential information that was material to the … Continued

Lawyers strive for two key goals: providing excellent and efficient legal services while maximizing profitability. While the former is crucial for client satisfaction and professional reputation, the latter ensures sustainability and growth for law firms. One often overlooked tool in achieving both objectives is the lawyer engagement letter. The same way attorneys create strong contractual … Continued

(2024 N.Y. Laws ch. 1-59, 61-118) CPLR Chapter (Part) (Subpart, Item, §) Change Eff. Date 213-c(b) 23(39) Adds additional crimes to 20-year statute of limitations 1/30/24 215(8)(b) 23(40) Adds a crime formerly defined in Penal Law § 130.50 1/30/24 506(b)(5) 91(1) Adds venue provisions for proceedings challenging apportionment by the legislature 2/28/24 3102(e) 101(4) Adds … Continued

It is very common in commercial leasing that the landlord will insist that the owner of the tenant’s business provide a “Good Guy Guaranty.” This limited guaranty promises the landlord that, in exchange for releasing the owner of the business from liability for future rent obligations, the tenant promises to provide sufficient notice to the … Continued