Category: Ethics Opinions

Opinion 450

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #450 – 12/13/1976 (104-76) appearance, conflict of interests, municipality, part-time public, prosecutors, public, real estate, town/village Topic: Part-time town attorney; Conflict of interest Digest: Conditions under which part-time town attorney may represent clients in private matters which may potentially involve conflict with municipality Code: Canons … Continued

Opinion 449

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #449 – 12/13/1976 (99-76) advertisements, advice, class action, communication, solicitation Topic: Publication of notice by attorney; legal periodicals Digest: Not improper for attorney to publish notice in legal periodical inviting other attorneys who represent clients similarly situated to communicate with him Code: DR 2-103; 2-104 … Continued

Opinion 448

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #448 – 12/13/1976 (74-76) arbitration Topic: Arbitration: Propriety of disputant’s lawyer serving on public arbitration panel Digest: Lawyer for party to arbitration under Civil Service Law may serve as a non­neutral arbitrator on public arbitration panel Code: EC 5-20 QUESTION Is the lawyer for one … Continued

Opinion 452

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #452 – 12/10/1976 (108-76) advertisements, bar, consumer law directories Topic: Bar association sponsored consumer legal directories Digest: Bar associations may publish consumer legal directories for public distribution Code: DR 2-102; 2-102(A) (6) QUESTION May a state, county or local bar association publish a “consumer law … Continued

Opinion 447

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #447 – 12/03/1976 (92-76) appearance, conflict of interests, criminal practice, part-time public official, public, social services Topic: Conflict of interests; County Department of Social Services; representation of private client against county by lawyer retained by one county department Digest: Lawyer retained by County Department of … Continued

Opinion 446

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #446 – 12/03/1976 (88-76) client consent, delegation, employee, workers compensation Topic: Workmen’s Compensation; employment of licensed representative by lawyer Digest: Not improper for lawyer to employ licensed representative to appear before the Work­men’s Compensation Board Code: EC 3-6; DR 3-101 QUESTION May a lawyer employ … Continued

Opinion 445

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #445 – 11/10/1976 (77-76) law office, name, partnership, use of Topic: Name of law office Digest: A private law office may not use the name “Community Law Office’ Code: EC 2-11 DR 2-102(B) QUESTION May three lawyers open a law office under the name “Community … Continued

Opinion 444

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #444 – 11/10/1976 (73-76) conflict of interests, part-time public, tax, town/village Topic: Conflict of interest; town attorney’s partner suing town Digest: It is improper for a town attorney to continue to represent the town when his partner brings a personal action against the town Code:  … Continued

Opinion 443

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #443 – 09/20/1976 (66-76) children, legal fees Topic: Contingent Fee Digest: Contingent fee for collection of past due alimony and past due child support is not improper, if reasonable Code: EC 2-20, 5-7; DR 2-106 QUESTION May an attorney ethically be retained, on a contingent … Continued

Opinion 442

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #442 – 08/26/1976 (58-76) advertisements, bankruptcy, education, legal programs Topic: Advertising Digest: Improper for attorneys to operate a school whose purpose is to give laymen an introduction to Bankruptcy Law and instruction on preparing bankruptcy petitions and schedules for themselves Code: EC 2-1, 2-2, 2-4; … Continued