NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #134 – 04/09/1970 (13-70) Topic: Fee splitting; Sharing fees; Forwarding fees.Digest: Proper to share a fee with another lawyer provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable. Code: EC 2-22, … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #133 – 04/09/1970 (12-70) Topic: Financing litigation; Loans to clients; Endorsing client’s notes. Digest: Improper to loan or advance funds to client; exceptions thereo. Code: DR 5-103 (B) EC 5-8 QUESTION May an attorney representing a claimant in a negligence case assist the client financially … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #130 – 03/19/1970 (9-70) Topic: Part-time District Attorney Conflict of Interest appearance, conflict of interests, criminal practice, part-time public official or employee, prosecutors, public Digest: Not proper for a part-time district attorney to represent a person certified as an addict under the Mental Hygiene Law … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #129 – 03/19/1970 (7-70) restrictive covenant Topic: Restrictive Covenant Partnership Agreement Digest: Partnership agreement may not restrict a lawyer after leaving partnership from accepting partnership clients except on retirement Code: EC 2-26; 2-31, DR 2-108 (A) QUESTION May a partnership agreement restrict a lawyer after … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #128 – 03/19/1970 (6-70) accounting, business interests, conflict of interests, dual practice, lawyer-accountant relationship, solicitation Modified by 206 Overruled (in part) by 494 Topic: Dual Practice: AccountantLawyer Digest: Improper for a lawyer to indicate practice of both law and accounting in one office Code: DR … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #127 – 03/19/1970 (4-70) advertisements, bar, holding out, multi-state law firm Topic: Announcements: Format, Distribution, Multi-state admission Digest: Format and proposed mailing of professional announcement proper Code: Canon 2, DR 2-102 (A)(2),(D), Former Canon 33 QUESTION A law firm inquires as to the propriety of … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #126 – 03/19/1970 (3-70) claims, existing clients, illegal conduct, unlawful or illegal conduct Topic: Usurious documents, preparation of Digest: Improper to prepare documents known to be usurious Canon: DR 7-102 (A) EC 7-4, 9-2 QUESTION May an attorney prepare usurious mortgage papers for a client? … Continued
NEW YORK BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #179 – 03/01/1970 (7-71) delegation Topic: Delegation of Professional Functions Digest: Professional functions cannot be delegated to a client Code: EC 3-6 QUESTION May a lawyer permit a client to use the lawyer’s letterhead and affix the lawyer’s name in sending out a standard series of … Continued
New York State Bar Association Committee on Professional Ethics appearance, conflict of interests, judges, office sharing, partnership, sharing offices Opinion #65A – 01/29/1970 (28-69) Topic: Conflict of Interest. Sharing office space with part-time judge. Digest: Not improper to share office space with part-time judge, but improper to practice in judge’s court. Code*: Canon 9, 31 QUESTION May attorneys … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #125 – 01/29/1970 (30-69) Topic: Participation in illegal proceeding existing clients, matrimonial matters, unlawful or illegal conduct Digest: Referring a client to a Mexican attorney for the purpose of obtaining a unilateral Mexican divorce Canon: Canon 7, DR 7-102(2), Former Canon 15 QUESTION May an … Continued