Month: June 1975

Opinion 400

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #400 – 06/27/1975 (46-75) collection, legal fees Overruled by N.Y. State 608 (1990) Topic: Attorney’s fees Digest: Improper to use collection agency to collect attorney’s fees Code:  EC 2-23 QUESTION May a law firm turn its delinquent accounts over to a collection agency to recover … Continued

Opinion 399

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #399 – 06/16/1975 (48-75) bank, credit card, legal fees, interest, law office Overrules in part #’s 87, 193 Topic: Interest on delinquent accounts Digest: Not per se improper for lawyer to charge interest, or to use a credit card plan which assesses interest charges against … Continued

Opinion 398

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NEW YORK STATE BAR ASSOCIATION existing clients, client consent, files, liens, partnership Committee on Professional Ethics Opinion #398 – 06/10/1975 (42-75) Topic: Clients’ files; release to withdrawing law partner Digest: Law partnership may properly require instructions from client before turning over file to withdrawing partner Code: EC 5-12, 7-38; DR 7-101(A)(1); 9-102(B)(4) QUESTION May a … Continued

Opinion 397

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NEW YORK STATE BAR ASSOCIATION appearance, conflict of interests, criminal pracitce, prosecutors, state Committee on Professional Ethics Opinion #397 – 06/10/1975 (33-75) Topic: Conflicts; criminal defense Digest: Member of state investigation agency may not practice criminal law Code: Canon 9; DR 5-105; EC 8-8, 9-2 QUESTION May a lawyer who is a member of a … Continued

Opinion 396

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #396 – 06/10/1975 (29-75) existing clients, communication, duty of lawyer, failure to act Topic: Lawyer’s failing to return client’s telephone calls Digest: Improper for lawyer as a course of conduct to fail to respond to clients calls Code: Canon 6, 9; EC 9-1 QUESTION Does … Continued

Opinion 395

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NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #395 – 06/10/1975 (19-75) appearance, confidences, conflict of interests, corporation, criminal practice, representation Topic: Conflict of interest; confidences of former client Digest: Former lawyer for corporation may not represent stockholder in action against former president, individually, unless no disclosure of confidential information is required Code: … Continued