NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #469 – 06/07/1977 (64-77) claims, denial, litigation Topic: Pleadings; general denial Digest: Improper for lawyer to interpose general denial knowing that his client has no valid defense Code: Canons 1 and 7; EC 7-25; DR 2-109(A)(2), 7-102(A)(2) QUESTION May a lawyer interpose a general denial … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #468 – 05/18/1977 (51-77) appearance, conflict of interests, part-time public, town/village Topic: Conflict of Interests; Town Attorney; Village Attorney Digest: Not improper per se for lawyer to be both attorney for town and village located within town Code: EC 5-15 QUESTION May a lawyer at … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #467 – 04/28/1977 (36-77) adverse interests, real estate, recommendations, referrals Topic: Recommendation of professional employment; independent professional judgment; real estate Digest: Not per se improper for lawyer to accept repeated referrals from real estate broker Code: Canon 5; EC 5-1, 5-21; DR 2-103(C) and (D), … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #466 – 04/21/1977 (47-77) confidences, criminal practice, fraud, illegal conduct, secrets, unlawful Topic: Confidences and secrets; evidence of criminal conduct Digest: Lawyer may not accept proceeds of crime from client for safekeeping and should not reveal client’s proffer Code: Canons 1, 4 and 7; EC … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #465 – 04/21/1977 (15-77) business interests, collection, corporation, dual practice, solicitation Topic: Feeder occupation; dual practice; collection of judgments purchased at discount Digest: Improper for lawyer to be director of corporation established to purchase assignments of judgments at discount when his law firm will be retained … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #464- 04/21/1977 (31-77) advancing funds, champerty, existing clients, costs, legal fees, litigation, loan Topic: Contingent fee; expenses of litigation Digest: Improper for lawyer to agree with client that reimbursement of funds advanced by lawyer to defray cost of litigation will be contingent on its outcome … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #463 – 04/11/1977 (124-76) adverse witnesses, children, communication, opposing party, paternity proceeding, witnesses Topic: Communications with person having adverse interests Digest: Lawyer for respondent in paternity proceeding may obtain statement from mother of illegitimate child under certain circumstances Code: Canons 6 and 7; EC 7-18; … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #462 – 03/17/1977 (14-77) conflict of interests, criminal practice, partnership, part-time public, public Topic: Conflict of Interest; Public Defender Digest: Public defender and assistant public defender may not represent co-defendants with conflicting interests. Code: EC 5-15; DR 5-105(D) QUESTION May a Public Defender and an … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #461 – 03/08/1977 (4-77) Client consent, fees Topic: Fire adjuster splitting commission with lawyer Digest: Not improper for lawyer to accept portion of commission obtained by fire adjuster in connection with loss sustained by client, provided client has consented to arrangement and all proceeds thereof … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #460 – 02/28/1977 (12-77) existing clients, confidences, client consent, files Topic: Preservation of closed files Digest: Circumstances under which lawyers may dispose of closed files Code: EC 1-5, 4-6, 7-1, 7-8, 7-11, 7-12; DR 1-102(5), 4-101 QUESTION Under what circumstances may a lawyer properly dispose … Continued