Category: Ethics Opinions

Ethics Opinion 146

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #146 – 07/27/1970 (25-70) Topic: Conflict of Interest for Part-time Judge Digest:  A judge of a court having jurisdiction to try misdemeanors and felony hearings may not practice criminal law in a higher court Code:  EC 9-2, 9-6 / DR 9-101(A) / Canons of Judicial … Continued

Ethics Opinion 149

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #149 – 07/20/1970 (24-70) Topic: Conflict of Interest; Public Attorneys; Private Representation Digest: Attorneys who are the part-tine legal staff of a city should not represent private clients in criminal matters before the same tribunals before which they appear as prosecutors on behalf of the … Continued

Ethics Opinion 145

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #145 – 07/02/1970 (28-70) Topic:  Appearance of impropriety; Conflict of Interest; Confidences of Client Digest: Office holder should abstain from participating in a matter handled by his former law firm when he had been a firm member adverse interests, appearance, city council member, confidences, conflict … Continued

Ethics Opinion 144

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #144 – 07/02/1970 (23-70) Topic: Advertising: Letterheads, Partnerships, Associates, Foreign Attorneys Digest: In the absence of affiliation it is improper to designate as associates lawyers practicing with an out of state law firm; partnerships may be properly formed between lawyers admitted to practice in different … Continued

Ethics Opinion 143

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #143 -07/02/1970 (22-70) Topic:  Conflict of Interest, Municipal attorneys, Part-time public employees Digest: Part-time town attorney may not represent private clients before administrative agencies of town because of possible conflict which cannot be waived by a municipality adverse interests, appearance, conflict of interests, client consent, … Continued

Ethics Opinion 142

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #142 – 07/02/1970 (17-70) Topic:  Business interests of lawyers Title Abstract Co. business interests, conflict of interests, corporation, dual practice, solicitation, title Digest: Proper for lawyers to operate title abstract corporation for service to lawyers Code:  DR 2-102 (E) QUESTION My a law firm form … Continued

Ethics Opinion 141

NEW YORK STATE  BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #141 – 05/28/1970 (19-70) Topic: Conflict of Interest of Attorney – Legislator adverse interests, appearance, conflict of interests, county legislator, legislature, part-time public official or employee, representation Digest: Not proper for attorney who is county legislator to represent plaintiff whose cause of action against a … Continued

Ethics Opinion 140

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #140 – 05/28/197 appearance, estate 0 (18-70) Topic: Wills; Draftsman as attorney for estate Digest: Care should be taken to avoid appearance of impropriety in providing that draftsman be employed as attorney for estate Code: EC 5-6 QUESTION May a lawyer insert a provision in … Continued

Ethics Opinion 139

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #139 – 05/28/1970 (16-70) Topic:  Conflict of interest; Confidences and secrets of client existing clients, confidences, conflict of interests, representation Digest: Attorney may accept professional employment in litigation in which a defendant is a former client where such employment does not require disclosure of confidential … Continued

Ethics Opinion 138

NEW YORK STATE  BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #138 – 05/28/1970 (5-70) Topic:  Letterhead: LL.M Degree advertisements, holding out, labor, law degree, specialization Digest: Not permissible to use a designated specialty on firm letterhead where the specialty is based on a degree earned. Code:  DR 2-102 (A) ( 6),  DR 2-102 (F), DR … Continued