Category: Ethics Opinions

Opinion 639

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #639 – 12/07/1992 (28-92) Topic: Multiple representation; differing interests Digest: Lawyer may not represent in separate actions two plaintiffs against the same defendant where there will be insufficient assets available for full satisfaction of all claims unless it is obvious the lawyer can adequately represent … Continued

Opinion 640

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #640 -12/07/1992 (54-92) Employee, letterhead, paralegals Topic: Paralegal titles Digest: Titles of paralegals employed by lawyers may not be false or misleading Code: DR 1-104(A)(2); 2-101; 2-102(A); 2-105(B) QUESTION May nonlawyer paralegals employed by a lawyer use the title (1) Senior Paralegal or (2) Paralegal … Continued

Opinion 638

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #638 – 12/07/1992 (4-92) Conflict of interest, prosecutors Modifies: N.Y. State 492 (1978), N.Y. State 502 (1979) Topic: Prosecuting attorneys; conflict of interest; former private attorney as newly elected prosecutor Digest: Proper for newly elected district attorney to prosecute a client of the prosecutor’s former … Continued

Opinion 637

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #637 – 12/04/1992 (16-92, 19-92) Advertising, employee Overrules: N.Y. State 200 (1971) and 284 (1973) (in part) Topic: Letterhead: Former judge; additional jurisdictions in which lawyer is licensed to practice Digest: Lawyer may list former judicial position and jurisdictions in which lawyer is licensed to … Continued

Opinion 636

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #636 – 12/04/1992 (8-92) Name TOPIC: Wills; preparation of standard form wills and sale to public as practice of law; name of law firm DIGEST: Lawyer’s operation of business selling standard will forms to public is not practice of law unless forms are individualized or … Continued

Opinion 635

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #635 – 09/23/1992 (9-92) Adverse interests, employment, witnesses Clarifies N.Y. State 531 (1981) Topic: Conflict of interest; adverse interests of lawyer; lawyer as witness; duty to report violation of disciplinary rule Digest: Lawyer may not represent a client believed to have been the victim of … Continued

Opinion 634

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #634 – 08/01/1992 (37-91) Disqualification, government attorney, vicarious disqualification Topic: Disqualification of former government attorney representing other governmental entities; vicarious disqualification Digest: Former government attorney may not in private practice represent another governmental body in matters in which the attorney participated; lawyers in same firm … Continued

Opinion 633

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #633 – 05/03/1992 (29-91) Fees, non-lawyer, secrets Topic: Unauthorized practice of law; partnership with nonlawyer; is leading statements; division of legal fees; office sharing; disclosure of confidences Digest: Law firm may not enter into arrangement with staff leasing company to provide debt consolidation services to … Continued

Opinion 632

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #632 – 03/23/1992 (18-91) Disqualification, judges, town Modifies N.Y. State 252 (1972)Topic: Disqualification of part-time judge and the judge’s partners and associates Digest: Part-time judges are prohibited from appearing before zoning board of appeals and planning board of the same municipality; disqualification of partners and … Continued

Opinion 631

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #631 – 03/23/1992 Topic: Conflict of Interest: Agent for title insurer as attorney for County Resource Recovery Agency; multiple representation Digest: Proper for lawyer serving as agent of a title insurance company to represent a County Resource Recovery Agency and offer title insurance for a … Continued