Category: Ethics Opinions

Opinion 521

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #521 – 04/29/1980 (12-80) wills Topic: Wills; contact with executor, beneficiaries Digest: Lawyer may contact executor and/or beneficiaries to advise them that he holds will of deceased client Code:  EC 2-3; DR 2-103(A) QUESTION May a lawyer contact the designated executor and/or beneficiaries under a … Continued

Opinion 520

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #520 – 04/23/1980 (1-80) criminal practice, judges, town Modifies #228 Topic: Part-time judge; private criminal practice; conflict between Rules of the Chief Administrator and ethics opinion Digest: Part-time judge with criminal jurisdiction may represent clients in criminal matters to the extent permitted by applicable Rules … Continued

Opinion 519

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #519 – 03/21/1980 (10-80) duty of lawyer, insurance Topic: Conflict of interests; insurance company; staff counsel Digest: Insurance company’s staff counsel may not represent assured when company disclaims coverage Code: EC 5-14, 5-15, 5-17; DR 5-105(A) and (C) QUESTION An automobile was involved in an … Continued

Opinion 518

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #518 – 03/20/1980 (19-80) part-time public, public Topic: Public defender; private practice Digest: Part-time county public defender may represent private clients in litigation against county Code: EC 5-1, 8-8, 9-6; DR 4-101(B), 5-105(A) QUESTION May a part-time county public defender represent private clients in civil … Continued

Opinion 517

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #517 – 02/26/1980 (69-79) adverse interests, matrimonial matters Topic: Conflict of interests; differing interests; matrimonial litigation Digest: Lawyer may not simultaneously represent wife in divorce action and co-respondent’s husband in another matrimonial proceeding Code:  EC 5-15, 5-16; DR 4-101(A), (B), and (C)(1); 5-105(A) and (C); … Continued

Opinion 516

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #516 01/18/1980 (51-79) conflict of interests, dual practice, estate, insurance, solicitation, wills Topic: Conflict of interest; insurance company lawyer preparing estate plan and will for buyer of insurance Digest: Improper for lawyer, employed by insurance company to prepare estate plans for prospective buyers of insurance, … Continued

Opinion 515

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #515 – 12/27/1979 (49-79) appearance, communication, opposing party, recordings, secrets, unlawful or, witnesses Clarifies 328 Topic: Surreptitious recording of conversation; fairness and candor; representing client zealously within bounds of law Digest: Lawyer in private practice may under certain circumstances counsel client concerning conversations to be … Continued

Opinion 514

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #514 – 10/17/1979 (39-79) appearance, conflict of interets, conservatorship proceedings, duty of lawyer Topic: Independent professional judgment; appearance of impropriety Digest: Not proper to accept employment as counsel for conservator where attorney was guardian in conservatorship proceeding Code: EC 5-1; DR 4-101(B), 9-101(B); Canon 9 … Continued

Opinion 513

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #513 – 09/17/1979 (32-79) city attorney, partnership, part-time public, political activity, prosecutors Topic: Conflict of interest; Part-time city attorney; Political activities of partner Digest: Improper for part-time city attorney having prosecutorial duties to continue to serve as such where his partner assumes the chairmanship of … Continued

Opinion 512

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #512 – 07/11/1979 (12-79) estate, representing Topic: Conflicting interests; appearance of impropriety; withdrawal from employment; lawyer for co-executors Digest: Lawyer for two co-executors may not institute a proceeding to compel an accounting or otherwise represent one executor against the other Code: Canons 5, 7 and … Continued