Category: Ethics Opinions

Opinion 550

NEW YORK STATE BAR ASSOCIAIION Committee on Professional Ethics Opinion #550 – 04/15/1983 (15-83) legal fees Topic: Mortgage or deed as security for payment of lawyer’s fee Digest: Lawyer may take a mortgage but not a deed as security for payment of fees, Guidelines respecting foreclosure or participation in sale of mortgaged property Code: DR … Continued

Opinion 549

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #549 – 02/14/1983 (44-82) collection Topic: Collection agencies; referrals Digest: Lawyer may accept referrals from collection agency of which he is a principal and may refer clients to the collection agency, with informed consent Code: DR 2-103(A) QUESTION May a lawyer accept clients referred to … Continued

Opinion 548

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #548 – 02/09/1983 (38-82) conflict of interests, disqualificaiton, judges, law clerk, spouse-lawyer Overrules N.Y. State 374 Topic: Disqualification where one attorney-spouse is employed by a judge and the other attorney-spouse appears before that judge Digest: Neither judge nor attorney appearing before him is disqualified per … Continued

Opinion 547

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #547 – 11/29/1982 (39-82) witnesses Topic: Witnesses, compensation Digest: Guidelines for payment of compensation to non­expert witnesses Code: DR 7-109(C)(2) QUESTION May an attorney compensate a non-expert witness for the reasonable value of his time spent in preparing for trial as well as in attending … Continued

Opinion 546

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #546 – 09/23/1982 (29-82) advertisements, law office Topic: Letterhead; branch office Digest: Law firm may list branch office on letterhead without appropriate disclaimer only if it provides for rendition of certain minimum services thereat Code: DR 2-101(A) and (D), 2-102(A)(4) QUESTION A law firm intends … Continued

Opinion 545

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #545 – 08/24/1982 (22-82) existing clients, confidences, employment, fraud Topic: Employment, withdrawal from, due to client’s unlawful conduct Digest: Lawyer may not assist client in illegal conduct, and must withdraw from the representation if the client persists in such conduct Code: EC 1-5; DR 1-102, … Continued

Opinion 544

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #544 – 06/08/1982 (10-82) conflict of interests, criminal practice, municipal attorney, part-time public official or employee, prosecutors, public, town/village attorney Modifies N.Y. State 184 (1971), 234 (1972), 257 (1972), 315 (1973), 367 (1974), 427 (1976)Clarified by 564 (1984) Topic: Conflict of interest; disqualification; criminal practice; … Continued

Opinion 543(1)

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #543 – 05/24/1982 (21-82) judges, quasi-judicial Topic: Quasi-judicial hearing officer; limitations on practice Digest: Restrictions on practice of Small Claims Real Property Tax Assessment Hearing Officers same as those on judges Code: EC 8-8; DR 5-105(D) QUESTION May an attorney who serves as a hearing … Continued

Opinion 543

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #543 – 05/24/1982 (21-82) judges, quasi-judicial Topic: Quasi-judicial hearing officer; limitations on practice Digest: Restrictions on practice of Small Claims Real Property Tax Assessment Hearing Officers same as those on judges Code: EC 8-8; DR 5-105(D) QUESTION May an attorney who serves as a hearing … Continued

Opinion 542

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #542 – 05/10/1982 (9-82) advertisements, foreign, non-lawyer, partnership Topic: Foreign law firm; local office Digest: British law firm may establish office in this state where office is to be managed by solicitor admitted to practice in New York Code: Canon 3; EC 3-9; DR 2-102(D), … Continued