NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #253 – 06/26/1972 (32-72) adverse interests, legal fees, interest, law office, mortgage, real estate Topic: Mortgage to secure fee Digest: Circumstances under which lawyer may accept mortgage to secure payment of fee Code: EC 2-17, 2-23, 5-7, 9-2; DR 2-106, 5-103(A)(1), 5-105 QUESTION Where a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #252 – 05/24/1972 (29-72) appearance, conflict of interests, judges, part-time public, town, zoning board Topic: Village justice representing private client before village zoning board Digest: Village justice may represent a client before village zoning board only where no conflict of interest and no appearance of … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #251 – 05/24/1972 (31-72) legal fees, matrimonial matters Topic: Receipt of fee in divorce action in addition to that allowed by Court Digest: Provided that by its order the Court has not determined the reasonable value of his services, a wife’s attorney may, after full … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #250 – 05/24/1972 (30-72) judges, judicial campaigns, political activity Topic: Judges; Partisan Politics; Agreement to accept nomination of one party only Digest: Improper for candidate for judicial office to agree with political organization, as a condition to designation by its party, not to accept nomination … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #249 – 05/24/1972 (27-72) adverse interests, conflict of interests, criminal practice, legal services, part-time public, police, public, representation Topic: Conflict of Interest; part-time legal aid lawyers Digest: Counsel for police benevolent association and individual police officers may accept legal aid defense work, absent actual conflict … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #248 – 04/28/1972 (26-72) appearance, prosecutors, soliciting for Topic: District Attorney – Fund Raising Digest: A District Attorney should not solicit funds for charity Code: EC 7-13; Canon 9; Judicial Canon: 25 QUESTION Is it proper for a district attorney to solicit funds or lend his … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #247 – 04/28/1972 (25-72) adverse interests, appearance, conflict of interests, client consent, insurance, municipal attorney, municipality, public, representation Topic: Conflict of Interests Digest: Improper for an attorney to accept retainer from an insurance carrier to defend a municipality while at the same time he maintains … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #246 – 04/28/1972 (23-72) jurors Topic: Lawyers post verdict communication with jurors Digest: Lawyer may communicate with jurors concerning the verdict and case Code: EC 7-29; DR 7-108(D) QUESTION Following discharge of a jury may a lawyer question a juror concerning the views of the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #245 – 04/28/1972 (22-72) adverse witnesses, communication, witnesses Topic: Interviewing adverse witness Digest: It is not improper for defense counsel in a criminal case to interview a witness for the prosecution over the objection of the District Attorney Code: EC 6-4; DR 6-101(A); DR 7-102; … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #244 – 04/28/1972 (20-72) adverse interests, appearance, conflict of interests, dual practice, fees, real estate, spouse-lawyer Overruled (in part) by 493 Topic: Dual Practice, Conflict of Interest Digest: Lawyer whose spouse is a real estate broker: (a) Should not share office with spouse’s firm; (b) … Continued