NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #600 05/16/1989 (24-88) Clients Topic: Trust accounts; use of attorney’s credit to back credit for client Digest: Improper for an attorney to maintain a credit line for clients based on a multiple client escrow account; provided the attorney obtains consent after full disclosure, his personal … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #599 – 03/16/1989 (7-88) Topic: Nonrefundable minimum fee retainer agreements Digest: Improper for fee agreement to include a provision for a nonrefundable minimum, subject to narrow exceptions Code: EC 2-17, 2-18, 2-19; DR 1-102(A)(4); 2-106(A); 2-106(B) (1), (2) and (7); 2-110(A) (3); 2-110(B) (3) and … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #598- 02/01/1989 (4-88) Topic: Withdrawal from employment for non payment of fees; circumstances in which court’s consent is not required for permissive withdrawal in a litigated matter Digest: An attorney may apply to withdraw from representation of impecunious client for non-payment of fees in a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #597- 01/23/1989 (28-88) Advertising Topic: Advertising service plans, distinguished from lawyer referral services Digest: A lawyer may not use an advertising service that places advertisements that do not include the name, office address and telephone number of the lawyer or law firm or that acts … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #596 -12/05/1988 (16-88) Files, insurance Topic: Insurance Company, Disclosure of Plaintiff’s File to Defense Attorney Digest: Were the same insurance company insures plaintiff’ and defendant in a lawsuit, defense counsel hired by insurance company may not obtain plaintiff’s insurance file from company in avoidance of … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #595- 11/02/1988 (22-88) Conflict of interest, dual practice, real estate, title Clarified and Amplified by N.Y. State 621 Topic: Conflict of Interest; Dual Practice as an Abstract Company Digest: Improper for law firm that represents real estate clients, and that has formed and is a … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #594 – 11/02/1988 (21-88) Judges, quasi-judicial Topic: Administrative Law Judges; Applicability of Code of Judicial Conduct Digest: Administrative Law Judges are not prohibited from acting as arbitrators in circumstances where it is unlikely that their decisions as arbitrators will be submitted to their agency for … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #593 – 06/23/1988 (13-88) Judges Topic: Confidential law clerks to town and village justices Digest: Proper for town or village justice to use confidential law clerk appointed by county in certain circumstances Code: DR 5-107, 5-107(A)(1), 5-107(B) Code of Judicial Conduct: Canon 3(A)(4), 3(A), 3(A)(6) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #592 06/09/1988 (9-88) Conflict of interest, criminal practice, disclosure, disqualification, employment Topic: Confidences & Secrets; Public Defender; Conflict of Interest Digest: A public defender cannot continue to represent two criminal defendants in unrelated cases, where one defendant has confessed to the other, who then requests … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #591- 05/03/1988 (5-88) Clients, legal fees, files Topic: Retaining lien; release of malpractice claims Digest: Proper for lawyer to negotiate a release of professional malpractice claims only if stated conditions satisfied; Improper to assert retaining lien on client’s papers to enhance negotiation of release Code: … Continued