NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #325 – 01/24/1974 (51-73) communication, court, duty of lawyer, ex parte communications, opposing counsel Topic: Briefs Digest: Improper to submit a brief without delivering copy to opposing counsel Code: EC 7-35; DR 7-110(B) Judicial Code: Canon 3(A)(4) QUESTION May an attorney submit a brief to … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #323 – 01/24/1974 (27-73) adverse interests, appearance of, conflict of, client consent, legal fees, municipality consenting, partnership, part-time public, prosecutors, public agency, public image, town/village, village mayor Topic: Partnership of village mayor and village attorney Digest: Law partners may not simultaneously serve as village mayor … Continued
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
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
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
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
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
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
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
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