NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #160 – 10/09/1970 (37-70) communicaiton, opposing party Topic: Communication with Adverse Party Digest: Attorney may not contact adverse party after the designation of counsel Code: DR 7-104 (A) (1) Former Canon 9 QUESTION Does the Code of Professional Responsibility, DR 7-104 (A) (1), permit a … Continued
NEW YORK STAE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #158 – 10/09/1970 (35-70) conflict of interests, judges Topic: Can a Judge Own an Interest in an Entity that Sells Liquors at Retail or at a Bar? Digest: A judge may own such an interest if it is legal and the nature of such interest … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #156 – 10/09/1970 (45-70) confidences, conflict of interests Topic: Representation in Action Against Former Client Digest: Not proper to be attorney in action against former client who previously discussed matter with attorney Code: EC 4-6; DR 5-105 (D) QUESTION An attorney’s former firm represented an … Continued
NEW YORK S’TATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #155 – 10/09/1970 (39-70) existing clients, duty of lawyer waiver of defense Topic: Waiver of Defenses Digest: Client may direct lawyer to waive technical defenses Code: EC 7-8 QUESTION Is a lawyer bound by a client’s instructions to defend all suits on the merits and … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #154 – 10/09/1970 (2-70) advertisements, business interests, corporation, dual practice, mailing, solicitation Topic: Solicitation of Clients by Mail Digest: Impropriety of lawyer “as general counsel” to solicit subscriptions for and subscribers to a tax information service of which he is the general counsel Code: DR … Continued
NEW YORK STATE BAR ASSOCIAT’ION Professional Ethics Committee Opinion Opinion # 153 – 09/08/1970 (38-70) Topic: Advise to Client Digest: Lawyer has duty to advise client of reputation of person with whom client is about to do business Code: EC 2-26; EC 2-32; DR 2-110 (C) (1) (e); EC 5-1; EC 7-8 QUESTION Does an … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #152 – 09/08/1970 (32-70) appearance, criminal practice, partnership, part-time public, prosecutors, public Topic: Conflict of Interest Appearance of Impropriety District Attorneys Digest: Assistant district attorney’s firm representing a defendant in another county Code: Canon 9, DR 9-101, EC 9-2 QUESTION An assistant district attorney is … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #151 – 08/28/1970 (33-70) Topic: Application for position of attorney for school district Digest: An attorney may properly submit an application for position as attorney for a school district bidding, employment, public Code: DR 2-103 (A) QUESTION A school district advertises that the Board of … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #150 – 08/18/1970 (20-70) Modified by #228 Topic: Conflict of Interest; Appearance of Impropriety Digest: Attorney who is justice of the peace acting as defense attorney in court of another town appearance, conflict of interests, criminal practice, judges Code: Canon 9, DR 9-101, EC 9-2, … Continued
NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #148 – 07/27/1970 (21-70) Topic: Partnership Name, Continued Use of Names of Deceased Partners by Their Former Associate Digest: Improper for an associate of deceased partners to indefinitely continue use of firm name which contains names of deceased partners only deceased attorney, name, partnership Code: … Continued