Category: Ethics Opinions

Opinion 391

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #391 – 05/21/1975 (31-75) judges, judicial campaigns, political actiity Topic:  Campaign material of judicial candidate Digest: An attorney seeking judicial office should conform with the guidelines set forth in N.Y. State 289 (1973) Judicial Code: Canon 7 (B) QUESTION May an attorney seeking judicial office … Continued

Opinion 390

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #390 – 05/21/1975 (30-75) criminal practice, legal fees, litigation, public Topic: Contingent Fees Digest: Contingent fees are not improper per se Code:  EC 2-20, 5-7; DR 2-106(B)(8) QUESTION May an attorney be compensated on a contingent fee basis to process an application for a rate … Continued

Opinion 389

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #389 05/21/1975 – (27-75) conflict of interests, judges, prosecutors, town/village Topic: Former Town Justice appearing as Town Attorney in same matter Digest: Improper for attorney to accept employment as an advocate in any matter upon the merits of which he has previously acted in a … Continued

Opinion 388

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #388 – 05/13/1975 (24-75) conflict of interests, law practice, name, partnership, ues of Topic: Law practice as both partner and individual Digest: Not improper for partner to practice as an individual if valid reason exists for such practice and care is taken to avoid confusion … Continued

Opinion 387

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #387 – 05/01/1975 (26-75) charter revision committee, conflict of interests, client consent, part-time public official, representation Topic: Representation of civil service employees association while serving as a member of a county charter revision committee. Digest: Not improper for a lawyer to represent a civil service … Continued

Opinion 386

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #386 – 04/24/1975 (25-75) employee Topic: Part-time secretarial employee Digest: Lawyer may not employ a secretary seeking part-time employment if she continues her present employment at another law office with which it has adversarial matters Code:  DR 4-101(D); EC 4-2; Canon 9 QUESTION May a … Continued

Opinion 385

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #385 – 04/24/1975 (17-75) conflict of interests, prosecutors, town/village Topic: Conflict of interest Digest: Not necessarily improper for Town Attorney who frequently represents the town assessor in his official capacity to represent the town in a proceeding by or against the assessor Code:  Canon 9; … Continued

Opinion 384

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #384 – 04/17/1975 (18-75) appearance, conflict of interests, disqualification, judges Topic: Practicing in court where lawyer’s brother is judge Digest: Lawyer not required to fore go practice in court where brother is a judge absent statutory prohibition or special circumstances, although judge may be disqualified … Continued

Opinion 383

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #383 – 04/17/1975 (14-75) communication, client consent, employment, legal fees, settlement agreements, superseding lawyer Topic: Obligation of plaintiff’s successor lawyer to notify the predecessor lawyer of settlement of claim Digest: In the absence of a statutory lien, a successor lawyer has no duty or right, … Continued

Opinion 382

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #382 – 03/27/1975 (16-75) advertisements, appearance, judges, solicitation Topic: Announcements Digest: Announcement that a law firm is ‘successor’ to a lawyer who has retired from the practice of law to assume the position of a judge is improper Code: Canon 9; EC 2-9; 4-6; DR … Continued