NEW YORK S’TATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #155 – 10/09/1970 (39-70) existing clients, duty of lawyer waiver of defense Topic: Waiver of Defenses Digest: Client may direct lawyer to waive technical defenses Code: EC 7-8 QUESTION Is a lawyer bound by a client’s instructions to defend all suits on the merits and … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #154 – 10/09/1970 (2-70) advertisements, business interests, corporation, dual practice, mailing, solicitation Topic: Solicitation of Clients by Mail Digest: Impropriety of lawyer “as general counsel” to solicit subscriptions for and subscribers to a tax information service of which he is the general counsel Code: DR … Continued
NEW YORK STATE BAR ASSOCIAT’ION Professional Ethics Committee Opinion Opinion # 153 – 09/08/1970 (38-70) Topic: Advise to Client Digest: Lawyer has duty to advise client of reputation of person with whom client is about to do business Code: EC 2-26; EC 2-32; DR 2-110 (C) (1) (e); EC 5-1; EC 7-8 QUESTION Does an … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #152 – 09/08/1970 (32-70) appearance, criminal practice, partnership, part-time public, prosecutors, public Topic: Conflict of Interest Appearance of Impropriety District Attorneys Digest: Assistant district attorney’s firm representing a defendant in another county Code: Canon 9, DR 9-101, EC 9-2 QUESTION An assistant district attorney is … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #151 – 08/28/1970 (33-70) Topic: Application for position of attorney for school district Digest: An attorney may properly submit an application for position as attorney for a school district bidding, employment, public Code: DR 2-103 (A) QUESTION A school district advertises that the Board of … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #150 – 08/18/1970 (20-70) Modified by #228 Topic: Conflict of Interest; Appearance of Impropriety Digest: Attorney who is justice of the peace acting as defense attorney in court of another town appearance, conflict of interests, criminal practice, judges Code: Canon 9, DR 9-101, EC 9-2, … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #148 – 07/27/1970 (21-70) Topic: Partnership Name, Continued Use of Names of Deceased Partners by Their Former Associate Digest: Improper for an associate of deceased partners to indefinitely continue use of firm name which contains names of deceased partners only deceased attorney, name, partnership Code: … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #146 – 07/27/1970 (25-70) Topic: Conflict of Interest for Part-time Judge Digest: A judge of a court having jurisdiction to try misdemeanors and felony hearings may not practice criminal law in a higher court Code: EC 9-2, 9-6 / DR 9-101(A) / Canons of Judicial … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #149 – 07/20/1970 (24-70) Topic: Conflict of Interest; Public Attorneys; Private Representation Digest: Attorneys who are the part-tine legal staff of a city should not represent private clients in criminal matters before the same tribunals before which they appear as prosecutors on behalf of the … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #145 – 07/02/1970 (28-70) Topic: Appearance of impropriety; Conflict of Interest; Confidences of Client Digest: Office holder should abstain from participating in a matter handled by his former law firm when he had been a firm member adverse interests, appearance, city council member, confidences, conflict … Continued