Topic: Confidentiality; joint clients; return of clients’ files when there has been joint representation Digest: In a joint representation, there is a presumption that the lawyer will share confidential information received from each co-client with the other co-client, but that presumption does not extend to confidential information the lawyer received prior to the inception of … Continued
Topic: Dispute over credit card payment for legal services. Digest: If a client disputes a credit card payment of legal fees by requesting a chargeback, the lawyer may dispute the chargeback by providing information to the credit card provider about the services rendered, including the disclosure of the retainer agreement and client invoices if (a) … Continued
Topic: Conflict of interest in representing county and serving subpoenas on county departments. Digest: A lawyer who represents certain separate County Departments in diverse matters as an independent contractor for the County Attorney may request and serve subpoenas for documents and witnesses upon a County Department for which he does not perform legal services and … Continued
Topic: Partnership with Non-U.S. Lawyer; partner who is also a member of a firm with non- lawyer ownership or management; whether business management and strategy may be the practice of law; affiliation of law firms; co-naming of law firms; billing for services of another law firm. Digest: Rule 7.5(d) recognizes a partnership between a lawyer … Continued
Topic: Legal Fees, Minimum Fees, Nonrefundable Fees Digest: A lawyer may charge a minimum fee to provide a defined legal service provided (a) the service is performed as agreed; (b) the engagement letter provides in plain language how the minimum fee will be calculated and the circumstances under which it will be “incurred”; and (c) … Continued
Topic: Referral fees paid to retired lawyers Digest: A retired lawyer may receive a referral fee as long as the retiree maintains joint responsibility for the referred matter. Rules: 1.5, 5.1, 5.4 FACTS: The inquirer was a sole New York lawyer who practiced contingency-fee personal injury law in New York. While in practice, the inquirer handled … Continued
Topic: Public Defender; Part-Time Judge; Conflict of Interest Digest: A part-time assistant public defender whose law partner is a part-time town court judge is precluded from representing clients of the public defender’s office in the town court where the part-time judge serves because such representation would appear to violate Judiciary Law § 471 and the … Continued
Topic: Conflicts; Town Attorney Digest: A town attorney is prohibited from representing a private client before boards of a neighboring town with respect to zoning and land use matters if the town attorney has conflicting personal interests, unless the conflict is consentable and the town attorney obtains informed consent from both the town board that … Continued
Topic: New York attorney with out-of-state office; attorney advertising and letterhead Digest: A lawyer who is admitted to practice in both New York and Florida, but whose only physical office is in Florida, may state on the letterhead of his Florida office that he is “admitted to the New York Bar,” provided that this statement … Continued
Topic: Duty to protect client information stored on a lawyer’s smartphone Digest: If “contacts” on a lawyer’s smartphone include any client whose identity or other information is confidential under Rule 1.6, then the lawyer may not consent to share contacts with a smartphone app unless the lawyer concludes that no human being will view that … Continued