Month: December 1973

Ethics Opinion 314

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #314 – 12/18/1973 (8-70) advertisements, appearance, business interests, dual practice, duty of lawyer Topic: Advertising: Non-practicing lawyer; Solicitation Digest: Proper for non-practicing lawyer to make limited identification of himself as a lawyer in a publication made in connection with another profession or business Code:  Canon … Continued

Ethics Opinion 322

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #322 – 12/18/1973 (56-73) adverse interests, conflict of interests, client consent, municipality, part-time public official or employee, public agency, representation Topic: Conflict of interest Digest: Improper to accept retainer from municipality while at the same time maintaining actions against the municipality Code: EC 5-1; EC … Continued

Ethics Opinion 321

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #321 – 12/18/1973 (54-73) name, partnership, prosecutors, public employments, use of Topic: Partnership name Digest: Improper to use in firm name the name of a former partner who has become a full time public official Code: EC 2-11; EC 2-12; DR 2-102(B) QUESTION May the … Continued

Ethics Opinion 320

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #320 – 12/18/1973 (52-73) conflict of interests, client consent, disclosure, legal fees, non-legal fees, newspapers and news media, real estate, rebate, title company Topic: Title company discount; attorney retention Digest: Attorney may not retain title company discount without crediting client unless the client expressly consents … Continued

Ethics Opinion 319

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #319 – 12/18/1973 (49-73) advertisements, dual practice, law practice, partnership, sale of Topic: Advertisement soliciting merger with law firm or attorney Digest: Law firm may not advertise in legal publication for “merger” with retirement minded attorney or with attorney having overflow work. Code: EC 2-9; … Continued

Ethics Opinion 318

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #318 – 12/18/1973 (48-73) advertisements, counsel, letterheads, solicitation Topic: Letterhead; use of the title “Honorary Consul” on attorney’s letterhead Digest: Improper to use the title “Honorary Consul” on an attorney’s letterhead Code:  DR 2-102(A)(4); EC 2-9; Canon 2 QUESTION May an attorney who is an … Continued

Ethics Opinion 317

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #317 – 12/18/1973 (47-73) client consent, legal fees, opposing counsel Topic: Division of fees among lawyers Digest: Lawyers for different parties may not pool fees and share in the combined total. Code: DR 2-107(A)(2); EC 2-22; Canon 9 QUESTION May lawyers for parties having different … Continued

Ethics Opinion 316

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #316 – 12/18/1973 (46-73) advertisements, appearance of impropriety, holding out, law office, partnership, self-laudation, solicitation, specialization Topic: Advertising; brochure describing law partnership Digest: Brochure listing lawyers in firm and describing their qualifications improper Code: DR 2-101(A) and (B); DR 2-105 (A); cf. DR 2-102(A)(2); Canon … Continued

Ethics Opinion 315

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #315 – 12/18/1973 (41-73) adverse interests, appearance of, conflict of, criminal practice, duty of, indigents, part-time, prosecutors, public defenders, public employees, representation, town/village Modified by 544 Topic: Town attorney holding position as public defender Digest: Part-time town attorney may hold position as part-time public defender … Continued