NEW YORK STATE BAR ASSOCIATION Conflict of interest, real estate Committee on Professional Ethics  Opinion #738 – 04/16/2001 Topic:       Conflict of interest:   referral of clients to title abstract company owned by attorney’s spouse Digest:     Improper for attorney to refer real estate client to title abstract company in which the attorney’s spouse has an ownership interest … Continued

NEW YORK STATE BAR ASSOCIATION Escrow funds Committee on Professional Ethics Opinion #737 (02/01/2001) Topic:        Escrow accounts Digest:       A lawyer may not issue a check from an attorney escrow account drawn against a bank or certified check that has not been deposited or has not cleared. Code:              DR 9?102 QUESTION              In payment of a … Continued

NEW YORK STATE BAR ASSOCIATION Opposing party Committee on Professional Ethics Opinion #735 (01/12/2001)  Topic:         Communications in noncriminal matters with independent contractors of adverse parties Digest:       Lawyer in civil litigation may properly communicate with independent contractor of adverse corporate party unless lawyer knows independent contractor has retained counsel in the matter or, under the … Continued

Opinion 736 (1/3/01) Mediation Modifies:  N.Y. State 258 (1972) Topic: Mediation; matrimonial matters Digest: Lawyer mediator may not draft and file separation agreement and divorce papers on behalf of spouses as joint clients unless the lawyer can satisfy the “disinterested lawyer” test of DR 5-105(C) Code: DR 5-101(A), DR 5-105(A) & (C), EC-5, 20 QUESTIONS … Continued

NEW YORK STATE BAR ASSOCIATION Duty of lawyer, Legal assistance organization (qualified), malpractice Committee on Professional Ethics Opinion #734 (11/01/2000) Topic:             Attorney’s obligation to report to a client a significant error or omission that may give rise to a possible malpractice claim. Digest:            A legal services organization is subject to the same ethical   standards as … Continued

NEW YORK STATE BAR ASSOCIATION Employee Committee on Professional Ethics Opinion #733 (10/05/2000) Topic:     Sharing legal fees with non-lawyer employees Digest:    Non-lawyers may be compensated based on a profit sharing arrangement but may not be paid a percentage of profits or fees attributable to particular client matters referred by the employee. Code:     DR 2?103(B); DR … Continued

NEW YORK STATE BAR ASSOCIATION Name, use of Committee on Professional Ethics Opinion #732 (09/28/2000) Topic:              Trade name; firm name Digest:             A lawyer named “X” whose law firm includes a number of associates may practice under the name “The X Group” Code:              DR 2-102(A); DR 2-102(B); EC 2-11 QUESTION Under DR 2-102(B), may an attorney … Continued

NEW YORK STATE BAR ASSOCIATION Conflict of interest, employee, real estate Committee on Professional Ethics  Opinion #731 (07/27/2000) Topic:        Conflict of interest; referral of real estate clients to attorney-owned abstract company; employees of lawyer. Digest:       Lawyer may not compensate employees for soliciting parties to real estate transaction to engage services of title insurance agency in … Continued

NEW YORK STATE BAR ASSOCIATION Restrictive covenant, settlement agreements Committee on Professional Ethics Opinion #730 (07/27/2000) Topic:           Settlement agreements; restrictive covenants. Digest:          Attorney may not enter into settlement agreement that restricts attorney’s right to practice law by prohibiting future representation of clients in cases where attorney might use information not protected as a confidence or … Continued

NEW YORK STATE BAR ASSOCIATION Disbursements, fees, interest Committee on Professional Ethics Opinion #729 (05/10/2000) Topic:       Fees ?? interest on disbursements in contingency fee cases. Digest:     Not improper for a lawyer to charge interest on disbursements in contingency fee matters under certain conditions. Code:       DR 2?106(A), (B) & (D). QUESTION              May a lawyer charge … Continued