NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #650 – 06/30/1993 (3-93) Communication Topic: Lawyer participation in corporate “Compliance With Law” program; conflict of interest; communication with one of adverse interest Digest: Lawyers may participate and “Adverse Interest” statement suffices if timely read Code: DR 1-102(A)(4), DR 3-101(A); EC 4-4, 4-5; DR 5-109, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #648 – 06/08/1993 (5-93) Client, fee-generating matter, fees, law guardian Topic: Law Guardian: Acceptance of Related Fee-Generating Matter for Same Client Digest: Law Guardian may represent client in related civil matter under certain circumstances Code: Canons 4, 5, 6, 7, 9; EC 5-1, 5-21, 7-11, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #647 – 06/08/1993 (2-93) Attorney as, bail bond agent Topic: Attorneys; bail bond agent Digest: If not illegal, an attorney ethically may act as a bail bond agent for non-client, but may not for client Code: DR 1-102; DR 2-103; DR 103(B)(1); EC 1-5 QUESTION … Continued
NEW YORK STATE BAR ASSOCIATION Attorney-client privilege, client secrets Committee on Professional Ethics Opinion #649 – 06/08/1993 (24-92) Topic: Attorney-Client Privilege; Client Secrets; Conflicts Digest: Where executor proposes to or has engaged in knowing wrongdoing to estate’s detriment, attorney for executor has duty to call upon executor to fulfill its fiduciary obligations to the estate; … Continued
NEW YORK STATE BAR ASSOOATION Committee on Professional Ethics Opinion #646 – 06/08/1993 (49-92) Foreign, partnership TOPIC: Employment by foreign legal consultant; partnership with foreign lawyer DIGEST: Subject to any applicable legal restrictions, a member of the New York State Bar may serve under the employ of a Japanese legal consultant; subject to any applicable … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #645 – 05/03/1993 (61-92) Confidences, political activity, secrets Topic: Client confidences and secrets.Digest: A lawyer whose appointment to a town board would require disclosure of client confidences or secrets must either (1) obtain client consent to the disclosure, (2) obtain a declaratory judgment that the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #644 – 04/01/1993 (53-92) Fees, non-lawyer, real estate, tax Topic: Unauthorized Practice of Law; Sharing Legal Fees with Nonlawyer Digest: Lawyer may not form corporation with nonlawyers to assist homeowners in obtaining real estate tax reductions where lawyer’s services are offered by corporation in violation … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #643 – 02/16/1993 (51-92) Confidences, conflict of interest, legal services, pro bono services, secrets Overrules: N.Y. State 489 (1978) Topic: Conflict of interest; preserving client confidences and secrets; legal service organization Digest: Legal service organization may organize panel of volunteer lawyers to represent financially eligible … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #641 – 02/16/1993 (40-92) Files, referral TOPIC: Files; disposition procedures; compliance with recycling regulations DIGEST: A lawyer must comply with an ordinance that requires recycling of all office paper. Confidences and secrets of clients must be given appropriate protection CODE: Canon 4, DR 4-101(A), DR … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #642 – 02/12/1993 (45-92) Employee, letterhead, paralegals Topic: Lawyer as witness; arbitration Digest: Lawyer-as-witness rule applies in the context of an arbitration Code: Definition 6, DR 5-101(B), DR 5-102(A), EC 5-10 QUESTION Does the “lawyer-as-witness” rule prevent an attorney from serving as both attorney for … Continued