NEW YORK STATE BAR ASSOCIATION Reasonable compensation, witness compensation Committee on Professional Ethics Opinion #668 (16-94) 06/03/1994 Topic: “Reasonable Compensation” of a Witness Digest: There is no ethical limit on the amount an individual may be paid for assistance in the fact finding process, so long as the client consents after full disclosure. The attorney should keep … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, maintenance, personal injury Committee on Professional Ethics Opinion #666 (73-93) 06/03/1994 Topic: Conflict of interest; maintenance; referring client to institution that will lend money for living expenses contingent on resolution of personal injury claim Digest: Lawyer may refer client to institution that will lend money for client’s living expenses … Continued
NEW YORK STATE BAR ASSOCIATION Advertising, barter exchange, referral service Committee on Professional Ethics Opinion #665 (71-93) 06/03/1994 Topic: Barter Exchange; Advertising; Lawyer Referral Service Digest: A lawyer may participate in a barter exchange so long as the exchange does not interfere in the lawyer’s professional judgment, the advertising materials for the exchange comply with DR … Continued
NEW YORK STATE BAR ASSOCIATION Advertising, referral service, telephone Committee on Professional Ethics Opinion #664 – 06/03/1994 (60-93) Topic: Advertising; Use of 900 Telephone Number; Lawyer Referral Service Digest: A lawyer may give legal advice during the course of a single telephone call on a “900 number,” provided the lawyer discloses the extent of the advice offered … Continued
NEW YORK STATE BAR ASSOCIATION Fees Committee on Professional Ethics Opinion #667 (8-94) 06/03/1994 Topic: Referral fees Digest: Attorney may accept a referral fee from a mortgage broker for referring client to broker, provided client consents to arrangement after full disclosure, all proceeds thereof are credited to client if the client requests attorney to do so, the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #654 (9-93) Topic: Prosecutors; disqualification; conflict of interest; family members Digest: District Attorney’s spouse or sibling may not represent a defendant in a case prosecuted by District Attorney; whether District Attorney may prosecute case in which defendant is represented by another lawyer in law firm … Continued
NEW YORK STATE BAR ASSOCIATION Opposing party Committee on Professional Ethics Opinion #663 – 04/21/1994 (66-93) Topic: Communication with adverse party; knowledge of adverse representation Digest: A lawyer may communicate directly with an opposing party when the putative lawyer for that party fails to respond only after undertaking a complete and thorough inquiry to determine the ultimate … Continued
NEW YORK STATE BAR ASSOCIATION Advertising Committee on Professional Ethics Opinion #661 – 03/15/1994 (57-93) Topic: Advertising; fictional client testimonials Digest: Dramatized versions of actual client testimonials are proper only if (1) the client authorizes use of the testimonial, (2) appropriate disclosure is used to correct any misleading information or imagery as to the identity of the … Continued
NEW YORK STATE BAR ASSOCIATION Real estate, tax Committee on Professional Ethics Opinion #662 – 02/15/1994 (59-93) Topic: Unauthorized practice of law; conduct that constitutes the practice of law; obligation to disclose lawyer’s status as lawyer. Digest: A lawyer may not affiliate with a nonlawyer in the representation of clients in a litigation context; a lawyer’s failure … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #657 (48-93) Topic: Conflict of interest; disqualification; criminal or civil practice by part-time municipal lawyer Digest: Part-time attorneys for municipalities, regardless of title or actual responsibilities, may not undertake criminal defense work before courts of same locality; there is no per se prohibition on the … Continued