Category: Ethics Opinions

Opinion 441

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #441 – 08/11/1976 (27-76) advertisements, legal fees, partnership Topic: Schedule of fees Digest: Lawyer may give truthful and dignified fee schedule brochure to those visiting his office as clients or prospective clients Code: EC 2-1, 2-17, 2-19; DR 2-101, 2-102, 2-102(A), 2-103, 2-103(A), 2-104 QUESTION … Continued

Opinion 440

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #440- 07/23/1976 (54-76) employment, legal fees Topic: Withdrawal from employment Digest: Guidelines governing lawyer’s withdrawal from representation Code: DR 2-110, 7-101(A)(2); EC 2-32, 7-8 QUESTION Is it proper for plaintiff’s lawyer, after the institution of a negligence action, to seek permission from the Court to … Continued

Opinion 439

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #439 – 07/23/1976 (49-76) advertisements, litigation, newspapers, public, publicity Topic: Advertising; Lawyer-inspired newspaper report concerning case in which he represents a party Digest: A lawyer may assist in the publication of a news story if intended for benefit of his client, Advertisements and news stories … Continued

Opinion 438

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #438 – 07/19/1976 (47-76) bank, conflict of interests, client consent, dual representation, legal fees, mortgage, multiple representation, real estate, representation Topic: Attorneys fees; Dividing fees with non-lawyers; Conflicting interests Digest: Lawyer representing mortgagee may collect legal fees from mortgagor, so long as fees are not … Continued

Opinion 437

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #437 – 07/19/1976 (46-76) criminal practice, office sharing, partnership, part-time public, prosecutors, sharing offices Topic: Sharing office space with assistant district attorney Digest: Improper for lawyer who shares office space with an assistant district attorney to practice criminal law in the county for which the … Continued

Opinion 436

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #436 – 07/19/1976 (42-76) conflict of interests, client consent, employee, employment, matrimonial matters, representation Topic: Confidences of a prior client Digest: Law firm may not represent a wife in a matrimonial action in which the husband had been recently represented by an associate in another … Continued

Opinion 435

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #435 – 07/13/1976 (44-76) appearance, city council, conflict of interests, county legislator, criminal practice, legislature, part-time public Topic: Private practice of county legislators; conflict of interests Digest: Guidelines for private practice of county and other part-time legislators; no disqualification where no actual or potential conflict … Continued

Opinion 434

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #434 – 07/13/1976 (12-76) advertisements, bar, employee, foreign, multi-state law firm, partnership Overrules #41 and 237 Topic: Multi-state law firm; Letterhead Digest: Law firm with offices in two states may properly show on New York letterhead both office addresses, that a partner is a member … Continued

Opinion 433

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #433 – 06/23/1976 (33-76) adverse interests, conflict of interests, partnership Topic: Conflict of Interests Digest: Generally improper for an attorney to represent a plaintiff in a prospective action in which there is the real possibility that the prospective defendant may implead a third-party which is … Continued

Opinion 432

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #432 – 05/20/1976 (19-76) grievance, prosecutors Topic: District attorney as a member of grievance committee. Digest: Improper for a district attorney to serve as a member of grievance committee of a bar association. Code: DR 1-103(B); Canon 1 QUESTION May a district attorney serve on … Continued