Category: Ethics Opinions

Ethics Opinion 137

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #137 – 05/28/1970 (5-69) Topic: Judges – Partisan Politics appearance, endorsement of political candidates by, judges, political activity Digest: Incumbent judges may not purchase tickets to political-social functions nor may they belong to political clubs Judicial Canons: 4, 13, 24, 25 and 28 Code: Canon … Continued

Ethics Opinion 136

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #136 – 04/09/1970 (15-70) Topic: Letterheads; Deceased partner’s name. Digest: Propriety of letterhead of firm in containing name of deceased partner. advertisements, deceased attorney, name, partnership advertisements, deceased attorney, name, partnership Code:  DR 2-102 QUESTION A partner of a law firm recently died. May his … Continued

Ethics Opinion 135

NEW YORK BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #135 – 04/09/1970 (14-70) advertisements, business interests, conflict of interests, dual practice, insurance, real estate Modified by implication by 206 Overruled (in part) by 493 Topic: Real estate office; Advertising; Insurance agency; Dual practice.Digest: In advertising a real estate or insurance office in which he is … Continued

Ethics Opinion 134

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #134 – 04/09/1970 (13-70) Topic: Fee splitting; Sharing fees; Forwarding fees.Digest: Proper to share a fee with another lawyer provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable. Code:  EC 2-22, … Continued

Ethics Opinion 133

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #133 – 04/09/1970 (12-70) Topic: Financing litigation; Loans to clients; Endorsing client’s notes. Digest: Improper to loan or advance funds to client; exceptions thereo. Code:  DR 5-103 (B) EC 5-8 QUESTION May an attorney representing a claimant in a negligence case assist the client financially … Continued

Ethics Opinion 132

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #132 – 04/09/1970 (11-70) Topic: Conflict of interest; Appearance of impropriety; Public employeesDigest: Improper for a lawyer leaving public employment to accept employment in connection with a matter over which he had substantial responsibility while in officeCode:  Canon 9, EC 9-3, DR 9-101 (B) QUESTIONAn … Continued

Ethics Opinion 131

NEW  YORK STATE  BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #131 – 04/09/1970 (1-70) Topic:  Process serving agency; Conflict of interest; Appearance of impropriety; Solicitation of business; Business interestsDigest: An attorney may not use an agency for the service of process in which he has an interest without divulging same to clientCode:  EC 5-19; 2-8; … Continued

Ethics Opinion 130

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #130 – 03/19/1970 (9-70) Topic: Part-time District Attorney Conflict of Interest appearance, conflict of interests, criminal practice, part-time public official or employee, prosecutors, public Digest: Not proper for a part-time district attorney to represent a person certified as an addict under the Mental Hygiene Law … Continued

Ethics Opinion 129

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #129 – 03/19/1970 (7-70) restrictive covenant Topic: Restrictive Covenant Partnership Agreement Digest: Partnership agreement may not restrict a lawyer after leaving partnership from accepting partnership clients except on retirement Code: EC 2-26; 2-31, DR 2-108 (A) QUESTION May a partnership agreement restrict a lawyer after … Continued

Ethics Opinion 128

NEW YORK STATE BAR ASSOCIATION Professional Ethics Committee Opinion Opinion #128 – 03/19/1970 (6-70) accounting, business interests, conflict of interests, dual practice, lawyer-accountant relationship, solicitation Modified by 206 Overruled (in part) by 494 Topic: Dual Practice: Accountant­Lawyer Digest: Improper for a lawyer to indicate practice of both law and accounting in one office Code: DR … Continued