NEW YORK STATE BAR ASSOCIATION Former clients, conflict of interest Committee on Professional Ethics Opinion #720 – 08/27/1999 Topic: Conflict Of Interest – Successive Representation; Moving Lawyer; Conflict Check Digest: When a lawyer moves from Firm A to Firm B, Firm B must request, and the moving lawyer may disclose, the names of clients represented … Continued
NEW YORK STATE BAR ASSOCIATION Employment, matrimonial matters, retainer Committee on Professional Ethics Opinion # 719 – 07/28/1999 Topic: Retainer agreement; Domestic relations matters; Withdrawal from employment. Digest: Improper for lawyer to utilize retainer agreement in domestic relations matter which misleads client regarding circumstances under which lawyer may withdraw for nonpayment or other reasons. Code: … Continued
NEW YORK STATE BAR ASSOCIATION Confidences, disclosure Committee on Professional Ethics Opinion # 718 – 07/28/1999 Topic: Confidential communications; disclosure of information relating to clients to bar association for compilation of statistical summary. Digest: A legal aid office representing clients in juvenile delinquency proceedings may provide information extracted from mental health evaluations to a bar … Continued
NEW YORK STATE BAR ASSOCIATION Clients, funds of client, liens Committee on Professional Ethics Opinion # 717 – 04/15/1999 Topic: Medical liens; duty to pay funds to third party; missing lienor. Digest: Plaintiff’s attorney should pay holder of valid lien from settlement proceeds. If client disputes amount or validity of lien, attorney should remit to … Continued
NEW YORK STATE BAR ASSOCIATION Confidences, insurance Committee on Professional Ethics Opinion #716 – 03/03/1999 (12/12a-98) Topic: Lawyer’s submission of client billing records to outside auditor employed by insur-ance company. Digest: A lawyer representing an insured may not submit legal bills to an independent audit company employed by the insurance carrier without the consent of … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, law firm Committee on Professional Ethics Opinion #715 – 02/26/1999 (3-98) Topic: Conflict of interest; sub-contractor to multiple law firms Digest: A lawyer may be employed as a contract lawyer by one or more firms. The provisions of DR 5-105 and DR 5-108 apply to the lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Fees, witnesses Committee on Professional Ethics Opinion # 714 – 02/05/1999 (49-98) Topic: Compensation of lawyer as witness. Digest: Lawyer as witness may accept reasonable compensation for lost time. Code: DR 2-106; 5-101(B); 7-109(C)(2). QUESTION When a client (or former client) seeks to call a lawyer to testify concerning … Continued
NEW YORK STATE BAR ASSOCIATION Clients, duty of lawyer, employment Committee on Professional Ethics Opinion # 713 – 02/05/1999 (56-98) Topic: Circumstances justifying non-compliance with client’s instructions. Digest: Lawyer should comply with client’s direction to forego title searches. Code: DR 2-110(C)(1)(e), 7-101(B), 7-102(A)(7); EC 7-1, 7-8. QUESTION A lawyer has drafted a deed for … Continued
NEW YORK STATE BAR ASSOCIATION Adverse interests, conflict of interest, partnership Committee on Professional Ethics Opinion # 712 – 01/07/1998 (38-98) Topic: Conflict of interest; financial interest. Digest: Where lawyer is beneficiary of trust holding stock in corporations which may become clients or opponents of clients, lawyer has no conflict of interest or disclosure … Continued
NEW YORK STATE BAR ASSOCIATION Insurance Committee on Professional Ethics Opinion # 711 – 01/07/1998 (41-98) Topic: Conflict of interest; dual practice as lawyer and insurance agent. Digest: Lawyer representing clients in estate planning may not sell long-term care insurance to clients. Code: DR 5-101(A); DR 5-104(A). QUESTION May a lawyer who is licensed … Continued