Month: December 1976

Opinion 455

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #455 – 12/30/1976 (100-76) Topic: Counseling violation of law of another state Digest: Improper for lawyer to counsel or assist client in violating law of another state Code: Canon 7; EC 7-5, 7-22; DR 7-102(A)(7) QUESTION May a lawyer counsel a parent residing in New … Continued

Opinion 454

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 454 – 12/30/1976 (84-76) Topic: Disclosure; confidences and secrets of client Digest: Disclosure of confidences and secrets no longer required Code:  Canons 4 and 7; DR 4-101(B) and (C), 7-102 (B) (1) QUESTION Subsequent to the filing of a petition in bankruptcy and during … Continued

Opinion 453

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #453 – 12/14/1976 (82-76) Topic: Deputy town attorney; tax certiorari; practice by former deputy town attorney Digest: Former deputy town attorney may represent clients in tax certiorari proceedings under certain circumstances Code: EC 4-5, 4-6, 9-3; DR 4-101(B), 9-101(B) QUESTION May a former deputy town … Continued

Opinion 451

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #451 – 12/13/1976 (93-76) Topic: Part-time district attorney; sharing salary with law partners Digest: Not improper for part-time district attorney to share his official salary with partners in private practice Code: EC 7-13; 8-8; 9-6 QUESTION May a part-time district attorney share the salary of … Continued

Opinion 450

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #450 – 12/13/1976 (104-76) Topic: Part-time town attorney; Conflict of interest Digest: Conditions under which part-time town attorney may represent clients in private matters which may potentially involve conflict with municipality Code: Canons 4, 5 and 9; DR 5-101; 5-105(C) and (D); 7-101(A)(1) and (2); … Continued

Opinion 449

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #449 – 12/13/1976 (99-76) Topic: Publication of notice by attorney; legal periodicals Digest: Not improper for attorney to publish notice in legal periodical inviting other attorneys who represent clients similarly situated to communicate with him Code: DR 2-103; 2-104 QUESTION May an attorney who represents … Continued

Opinion 448

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #448 – 12/13/1976 (74-76) Topic: Arbitration: Propriety of disputant’s lawyer serving on public arbitration panel Digest: Lawyer for party to arbitration under Civil Service Law may serve as a non­neutral arbitrator on public arbitration panel Code: EC 5-20 QUESTION Is the lawyer for one of … Continued

Opinion 452

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #452 – 12/10/1976 (108-76) Topic: Bar association sponsored consumer legal directories Digest: Bar associations may publish consumer legal directories for public distribution Code: DR 2-102; 2-102(A) (6) QUESTION May a state, county or local bar association publish a “consumer law directory” intended for wide public … Continued

Opinion 447

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #447 – 12/03/1976 (92-76) Topic: Conflict of interests; County Department of Social Services; representation of private client against county by lawyer retained by one county department Digest: Lawyer retained by County Department of Social Services for specific matter disqualified from representing private clients in matters … Continued

Opinion 446

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #446 – 12/03/1976 (88-76) Topic: Workmen’s Compensation; employment of licensed representative by lawyer Digest: Not improper for lawyer to employ licensed representative to appear before the Work­men’s Compensation Board Code: EC 3-6; DR 3-101 QUESTION May a lawyer employ a licensed representative to appear on … Continued