NEW YORK STATE BAR ASSOCIATION Fees, matrimonial matters Committee on Professional Ethics Opinion #690 – 05/13/1997 (10-97) Topic: Contingent Fees; Domestic Rela-tions Digest: Lawyer in domestic relations matter or lawyer’s firm may represent client in a tort action against spouse under a con-tingent fee retainer, even if the tort action is tried as part of … Continued
NEW YORK STATE BAR ASSOCIATION Fees Committee on Professional Ethics Opinion #689 – 05/12/1997 (58-96) Topic: Accepting Fees from Petitioner for Representation in Guardian-ship Proceeding in Addition to Court Award. Digest: Lawyers may accept fees from guardianship petitioner in addition to court award as long as fee is not excessive or contrary to law, court … Continued
New York State Bar Association Conflict of interest, law school clinic Committee on Professional Ethics Opinion #688 – 05/08/1997 (47-96) Topic: Conflict of interest; lawyer’s own personal interests; law school clinic Digest: A supervising attorney at a law school legal clinic may properly represent a clinic client when the opposing counsel is a member of … Continued
NEW YORK STATE BAR ASSOCIATION Conflict of interest, dual practice, insurance Committee on Professional Ethics Opinion #687 – 04/21/1997 (45-96) TOPIC: Conflict of interest; dual practice as lawyer and insurance agent DIGEST: Lawyer licensed as an insurance broker may sell insurance pro-ducts to clients if the lawyer’s professional judgment as a lawyer will … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion 686 – 4/21/97 (36-96) Topic: Service of part-time village attorney as county committeeman of political party and endorsement of candidates Digest: A part-time village attorney with prosecutorial duties may not serve as a county committeeman or endorse candidates for political office. Code: DR 1-101(A)(5); … Continued
NEW YORK STATE BAR ASSOCIATION Matrimonial matters, retainer Committee on Professional Ethics Opinion #685 – 03/19/1997 (12-96) Topic: Retainers and Statements of Cli-ent’s Rights and Responsibilities at Consultations in Matrimonial Cases Digest: Prospective Clients Need Not Be Asked To Sign Retainer Agree-ment as a Condition to Charging for Consultations, but Must Be Given the Statement of Client’s … Continued
NEW YORK STATE BAR ASSOCIATIONCommittee on Professional Ethics Confidences, disclosure Opinion #684 (32-96) – 11/27/1996 TOPIC: Reporting by Law Firm to Credit Bureau of Unpaid Client Account DIGEST: Lawyer may not report unpaid client account since status of account is a client secret that may not be disclosed except as necessary to collect fee. CODE: … Continued
NEW YORK STATE BAR ASSOCIATION Political activity, prosecutors Committee on Professional Ethics Opinion #683Topic: Campaign activities by Assistant District Attorney Digest: Assistant District Attorney may not participate in campaign activities on behalf of the incumbent District Attorney Affirms N.Y. State 675 (1995) Code: DR 1-102(A)(5); DR 5-101(A); EC 5-2; EC 7-13; EC 8-8 QUESTION May … Continued
NEW YORK STATE BAR ASSOCIATION Non-legal fees, referral Committee on Professional Ethics Opinion #682 – 06/07/1996 (59-95) Topic: Referral Fees Paid to Lawyer By Service Provider Digest: A lawyer may not accept a fee from an investment advisor for the referral of clients to the advisor. Code: DR 5-101(A) QUESTION May an attorney accept a fee from an investment … Continued
NEW YORK STATE BAR ASSOCIATION Referral Committee on Professional Ethics Opinion #681- 02/09/1996 (28-95) Topic: Withdrawal of Assigned Counsel; Confidences and Secrets of Client Digest: Lawyer assigned by court to represent client who misrepresented financial eligibility for assigned counsel may not disclose client confidences or secrets in support of motion to withdraw, but may disclose client secrets … Continued