NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #570 – 06/07/1985 (37-84) Existing clients, escrow funds, legal fees, interest, real estate Clarifies N.Y. State 532 (1981) Topic: Fee for legal services, advance payment; client, funds of; trust account Digest: Fees paid to lawyer in advance of services, refundable to the extent not earned, … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 569- 02/07/1985 (39-84) Adverse interest, duty of lawyer Topic: Administration of Small Estates Digest: Lawyer should advise a client concerning the feasibility of settling a “small estate” without the expense of legal representation Code: Canon 5, Canon 6; EC 3-7; EC 5-1 QUESTION Should … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 568 – 02/07/1985 (17-84) Part-time public official or employee, political activity, prosecutors Modified by #573 Topic: District Attorneys and their assistants; political activities Digest: District Attorney, not involved in own reelection campaign, may not attend political or social functions of any political party, either … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 567 – 11/21/1984 (14-84) Clients (existing), clients (former), legal fees, litigation Overrules in part N.Y. State 224 (1972) Topic: Lien, lawyers’ retaining; Fee for legal services, dispute over Digest: A lawyer holding funds under retaining lien is not required to sue client to resolve … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #566 – 11/15/1984 (34-84) advertisements, solicitation Topic: Advertisement; recommendation or endorsement by third party; nondisclosure that advertisement paid for by attorney Digest: Advertisement improper if paid for endorsement or recommendation by third party to use attorneys’ services and misleading if does not appear to be … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #565 – 10/01/1984 (28-84) advertisements, legal fees, non-legal fees, intermediary, solicitation Topic: Solicitation of potential clients, third party solicitation; in-person solicitation; dividing fees with non-lawyers Digest: Improper for attorney to employ and compensate another to solicit attorney’s employment by client. In-person solicitation, particularly by third … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #564 – 10/01/1984 (25-84) conflicts of interests, part-time public official or employee, prosecutors Clarifies N.Y. State 544 (1982) Topic: Conflict of interest; disqualification; criminal practice; parttime prosecutor; special district attorney Digest: Special district attorney should be considered sui generis and not as “part-time” prosecutorfor purpose … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #563 – 10/01/1984 (23-84) Topic: Advertising; fees; discount from customary fees Digest: Improper to offer and advertise discounted fees unless customary fees are readily ascertainable Code: DR 2-101 QUESTION Is it proper for a lawyer to offer or to advertise a discount from his customary … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #562 – 07/19/1984 (38-83) existing clients, confidences Topic: Intent of client to commit a crime; withdrawal from employment; confidences and secrets of clients Digest: Guidelines for lawyer whose client manifests an intent to commit a crime: lawyer may not knowingly further client’s criminal purpose; should … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #561 – 06/25/1984 (7-84) law practice, sale of Topic: Partnership, sale of interest in Digest: Sale of interest in ongoing law practice is not ethically permissible, except for sale of interest in tangible assets Code: DR 2-103(B) and (E), Canon 9 QUESTION May a lawyer … Continued