Category: Ethics Opinions

Opinion 401

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #401 – 07/09/1975 (53-75) advertisements, existing clients, education, legal bulletins, name, newspapers, publicity, use of Topic: Newsletter; advertising Digest: Not improper for newsletter prepared by a law firm for a client for distribution by the client in profit-making enterprise to name the lawyer and the … Continued

Opinion 400

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #400 – 06/27/1975 (46-75) collection, legal fees Overruled by N.Y. State 608 (1990) Topic: Attorney’s fees Digest: Improper to use collection agency to collect attorney’s fees Code:  EC 2-23 QUESTION May a law firm turn its delinquent accounts over to a collection agency to recover … Continued

Opinion 399

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #399 – 06/16/1975 (48-75) bank, credit card, legal fees, interest, law office Overrules in part #’s 87, 193 Topic: Interest on delinquent accounts Digest: Not per se improper for lawyer to charge interest, or to use a credit card plan which assesses interest charges against … Continued

Opinion 398

NEW YORK STATE BAR ASSOCIATION existing clients, client consent, files, liens, partnership Committee on Professional Ethics Opinion #398 – 06/10/1975 (42-75) Topic: Clients’ files; release to withdrawing law partner Digest: Law partnership may properly require instructions from client before turning over file to withdrawing partner Code: EC 5-12, 7-38; DR 7-101(A)(1); 9-102(B)(4) QUESTION May a … Continued

Opinion 397

NEW YORK STATE BAR ASSOCIATION appearance, conflict of interests, criminal pracitce, prosecutors, state Committee on Professional Ethics Opinion #397 – 06/10/1975 (33-75) Topic: Conflicts; criminal defense Digest: Member of state investigation agency may not practice criminal law Code: Canon 9; DR 5-105; EC 8-8, 9-2 QUESTION May a lawyer who is a member of a … Continued

Opinion 396

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #396 – 06/10/1975 (29-75) existing clients, communication, duty of lawyer, failure to act Topic: Lawyer’s failing to return client’s telephone calls Digest: Improper for lawyer as a course of conduct to fail to respond to clients calls Code: Canon 6, 9; EC 9-1 QUESTION Does … Continued

Opinion 395

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #395 – 06/10/1975 (19-75) appearance, confidences, conflict of interests, corporation, criminal practice, representation Topic: Conflict of interest; confidences of former client Digest: Former lawyer for corporation may not represent stockholder in action against former president, individually, unless no disclosure of confidential information is required Code: … Continued

Opinion 394

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #394 – 05/29/1975 (35-75) advertisements, indigents, legal services, solicitation Topic: Advertising; solicitation Digest: A Legal Aid Society may publish in a newspaper the availability of legal assistance for the indigent Code:  EC 2-1, EC 2-15; DR 2-101(A) and (B) QUESTION May a Legal Aid Society … Continued

Opinion 393

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #393 – 05/29/1975 (32-75 employee, law clerk )Topic: Law Clerk Digest: Law Clerk’s activities are limited Code:  EC 3-6 QUESTION What activities may be properly delegated to a law clerk on whose behalf a certificate of clerkship has been filed? OPINION A law clerk on … Continued

Opinion 392

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #392 – 05/29/1975 (15-75) appearance, conflict of interests, dual practice, estate, part-time public, public, solicitation, state, tax Topic: Part-time State employee; Conflict of interests; Improper solicitation Digest: Conditions under which State Estate Tax Attorney may practice in Surrogate’s Court Code: Canon: 5, 6, 9; EC: … Continued