NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #610- 06/20/1990 (2-90) Topic: Attorney and client; conflicts of interest; wills; executors; beneficiaries Digest: Only in limited circumstances may an attorney-draftsman prepare a will in which the attorney-draftsman is named both as executor and as a beneficiary Code: DR 5-101(A); EC 5-5, 5-6 QUESTION May … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #608 – 05/10/1990 (17-89) Collection agent, fees Overrules N. Y. State 400 (1975) Topic: Attorney’s use of collection agent for collection of legal fees Digest: Only if all other reasonable efforts short of litigation have been undertaken and have been unsuccessful may an attorney employ … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #609 – 05/10/1990 (31-89) Fees Topic: Referral fees; disbarred lawyer; ad hoc partnership Digest: Lawyer may accept referral fee that complies with DR 2-107(A) Lawyer may pay a disbarred former associate a share, determined on the basis of quantum meruit, of legal fees accrued to … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #607 – 02/15/1990 (26-89) Opposing party Topic: Communication with Adverse Party Digest: Prior to commencement of suit and to being advised the adverse party is represented by counsel, a lawyer may communicate with the party, but must inform the party that, in the event the … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #606 – 01/11/1990 (21-89) Conflict of interest, media rights Topic: Assistant district attorney; media rights; conflict of interest Digest: An assistant district attorney may sell own media rights upon completion of a criminal prosecution in compliance within certain ethical guidelines Code: Canon 4; DR2-101(A), (B), … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #605- 11/17/89 (14-89) Confidences, conflict of interest, consent Topic: Conflict of Interest; Former Client Conflicts Digest: Improper for public defender or any assistants to represent a defendant in a criminal proceeding when a prosecution witness who was a former client will testify, except if no … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #604 – 11/14/1989 (11-89) Topic: Limiting the scope of representation Digest: Lawyer may limit scope of representation to grand jury proceedings in certain circumstances. Code: Canon 6; EC 7-7, 7-8; DR 1-102(A)(5), 2-110, 2-110(A), 6-101(A) 7-101(A)(1), 7-102(A)(7) QUESTION May a lawyer whose client is the subject … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #603 – 11/02/1989 (15-8) Modified by N. Y. State 629 Topic: Part-Time Public Official or Employee; Assistant City Attorney; Conflict of Interest Digest: A part-time assistant city attorney, or any member or associate of his private law firm, may not represent clients before city agencies … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #602- 10/26/1989 (38-88) Topic: Appearing before judge about whom member of firm has been called to testify; Commission on Judicial Conduct; recusal; withdrawal; disclosure of information concerning testimony before Commission on Judicial Conduct Digest: Lawyer may not appear before judge when member of lawyer’s firm is witness … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #601- 10/02/1989 (6-89) Adverse interests Topic: Adverse effect on professional judgment of lawyer, interests of lawyer; conflict of interest; opposing party, payment of fees by; fee for legal services Digest: Improper for lawyer who represents group of tenants in dispute with landlord to accept payment … Continued