Author: Alyssa

Opinion 718

NEW YORK STATE BAR ASSOCIATION Confidences, disclosure Committee on Professional Ethics Opinion # 718 – 07/28/1999 Topic:     Confidential communications; disclosure of information relating to clients to bar association for compilation of statistical summary. Digest:    A legal aid office representing clients in juvenile delinquency proceedings may provide information extracted from mental health evaluations to a bar … Continued

Opinion 717

NEW YORK STATE BAR ASSOCIATION Clients, funds of client, liens Committee on Professional Ethics Opinion # 717 – 04/15/1999 Topic:        Medical liens; duty to pay funds to third party; missing lienor. Digest:     Plaintiff’s attorney should pay holder of valid lien from settlement proceeds.   If client disputes amount or validity of lien, attorney should remit to … Continued

Opinion 716

NEW YORK STATE BAR ASSOCIATION Confidences, insurance Committee on Professional Ethics Opinion #716 – 03/03/1999 (12/12a-98) Topic:        Lawyer’s submission of client billing records to outside auditor employed by insur-ance company. Digest:       A lawyer representing an insured may not submit legal bills to an independent audit company employed by the insurance carrier without the consent of … Continued

Opinion 715

NEW YORK STATE BAR ASSOCIATION Conflict of interest, law firm Committee on Professional Ethics Opinion #715 – 02/26/1999 (3-98) Topic: Conflict of interest; sub-contractor to multiple law firms Digest: A lawyer may be employed as a contract lawyer by one or more firms.  The provisions of DR 5-105 and DR 5-108 apply to the lawyer … Continued

Opinion 714

NEW YORK STATE BAR ASSOCIATION Fees, witnesses Committee on Professional Ethics Opinion # 714 – 02/05/1999 (49-98) Topic:        Compensation of lawyer as witness. Digest:       Lawyer as witness may accept reasonable compensation for lost time. Code:        DR 2-106; 5-101(B); 7-109(C)(2). QUESTION              When a client (or former client) seeks to call a lawyer to testify concerning … Continued

Opinion 713

NEW YORK STATE BAR ASSOCIATION Clients, duty of lawyer, employment Committee on Professional Ethics Opinion # 713 – 02/05/1999 (56-98) Topic:       Circumstances justifying non-compliance with client’s instructions. Digest:     Lawyer should comply with client’s direction to forego title searches. Code:       DR 2-110(C)(1)(e), 7-101(B), 7-102(A)(7); EC 7-1, 7-8. QUESTION              A lawyer has drafted a deed for … Continued

Opinion 712

NEW YORK STATE BAR ASSOCIATION Adverse interests, conflict of interest, partnership Committee on Professional Ethics  Opinion # 712 – 01/07/1998 (38-98) Topic:         Conflict of interest; financial interest. Digest:              Where lawyer   is beneficiary of trust holding stock in corporations which may become clients or opponents of clients, lawyer has no conflict of interest or disclosure … Continued

Opinion 711

NEW YORK STATE BAR ASSOCIATION Insurance Committee on Professional Ethics  Opinion # 711 – 01/07/1998 (41-98) Topic:             Conflict of interest; dual practice as lawyer and insurance agent. Digest:           Lawyer representing clients in estate planning may not sell long-term care insurance to clients. Code:             DR 5-101(A); DR 5-104(A). QUESTION           May a lawyer who is licensed … Continued

Opinion 710

NEW YORK STATE BAR ASSOCIATION Escrow funds Committee on Professional Ethics Opinion #710   – 11/06/1998 (35-98) Topic:              Lawyer as escrow agent; Release of funds in escrow to client . Digest:             Absent authorization by all parties, lawyer who serves as escrow agent may not release funds to client except as provided in the escrow agreement; while … Continued

Opinion 709

NEW YORK STATE BAR ASSOCIATION Advertisements, communication, confidences, internet, law practice Committee on Professional Ethics  Opinion #709 – 09/16/1998 (55-97) TOPIC:       Use of Internet to advertise and to conduct law practice focusing on trademarks; use of Internet e-mail; use of trade names    DIGEST:     Attorney may operate and advertise a trademark practice over the Internet, … Continued