NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #212 – 11/22/1971 (44-71) employment, legal fees, matrimonial matters, superseding lawyer Topic: Withdrawal from employment for non-payment of fee Digest: Failure to pay fee does not warrant lawyer’s refusal to file final decree where court has not granted permission to withdraw Code: DR 2-110(A)(2),( 3); … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #211 – 11/22/1971 (43-71) advertisements, judges, mailing, name, political activity Overruled (in part) by 540 Topic: Advertising Bar Association Pamphlets Digest: Pamphlets on legal topics may not be used for personal gain Code: Canon 2, EC 2-2; 2-3; 8-3, DR 2-104 QUESTION May an attorney … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #209 – 11/22/1971 (39-71) appearance, city council member, conflict of interests, legislature, part-time public official or employee Topic: Conflict of Interest Attorney-Legislator Digest: Not proper for attorney who is city councilman to act as attorney for city school district dependent on the city for services … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #208 – 11/22/1971 (29-7, 38-71) adverse interests, business interests, conflict of interests, dual practice, non-legal fees, real estate Topic: Dual Practice Conflict of Interest Digest: Lawyer-real estate broker should not act as both a lawyer and as a broker for a client or party in … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion # 206 – 11/22/1971 (53-70, 56-70, 4-71, 22-71) accounting, adverse interests, appearance, business interests, collection, conflict of interests, dual practice, employment, insurance, non-lawyer, office sharing, real estate, shraing offices, solicitation Modifies #22 by implication Modifies #128 Modifies #135 by implication Overruled (in part) by 493, … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #207 – 10/26/1971 (24-71) confidences, disclosure, duty of lawyer, fraud Topic: Duty of lawyer to disclose information concerning client to governmental agency Digest: Unless fraud is involved, lawyer has no affirmative duty to disclose information to governmental agency Code: DR 7-102(B)(1) QUESTION Does a lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #205 – 10/26/1971 (40-71) adverse interests, children, confidences, conflict of interests, client consent, employment, representation Topic: Conflict of Interest Digest: Improper to represent both estate and claimant against estate in negligence action Code: EC 5-15; DR 5-105 QUESTION Where a lawyer represents the estate of … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #204 – 10/26/1971 (37-71) education, self-laudation Topic: Authorship by Attorney of Educational Legal Cassette Digest: Attorney may participate in a legal educational series commercially sponsored Code: EC 2-2 DR 2-101(B) (5); 2-105 (A) (1); 2-105(A) (4) QUESTION May an attorney be retained by a corporation … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #203 – 10/26/1971 (23-71) appearance, conflict of interetss, employee, judges, partnership Topic: Part-time judge Digest: Partner and associate of a part-time judge have same prohibitions as the judge Code: EC 9-2, 9-6 QUESTION May a partner or an associate of a part-time judge practice law … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinions Opinion #198 – 09/30/1971 (32-71) fee schedule, minimum fee Topic: Minimum Fees Digest: Minimum fee schedule is only a guide Code: DR 2-106(B); EC 2-18 QUESTION Is the attorney for a bank bound to follow the minimum fee schedule in determining his fees for services performed … Continued