Category: Ethics Opinions

Ethics Opinion 341

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #341 – 05/30/1974 (11-74) confidences, client consent, disclosure, employment, partnership, retirement, will custodian, wills Topic: Notice to clients whose Wills lawyer holds when he retires Digest: Neither a lawyer nor his partners need notify a client whose Will the firm holds of the lawyer’s retirement, provided … Continued

Ethics Opinion 340

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #340 – 04/25/1974 (17-74) adverse interests, conflit of interests, dual practice, legal fees, real estate, specific occupations, spouse-lawyer Topic: Dual Practice; Conflict of Interest Digest: Lawyer whose spouse is a real estate salesperson working on a commission basis should not accept as client a party … Continued

Ethics Opinion 339

NEW YORK STATE BAR ASSOCIAT’ION Committee on Professional Ethics Opinion #339 – 04/25/1974 (15-74) existing clients, liability, misconduct, negligence of lawyer, release Topic: Limitation of liability to client by attorney Digest: Improper for an attorney to demand, in addition to a fee, a general release from client as a condition of return of client’s documents … Continued

Ethics Opinion 338

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #338 – 04/25/1974 (14-74) advice by lawyer, employment, legal fees, legal advice, solicitation Topic: Solicitation; referral fee from another lawyer Digest: With narrow exceptions, lawyer may not accept employment resulting from his giving unsolicited advice to a layman nor may a lawyer accept referral fee … Continued

Ethics Opinion 337

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #337 – 04/25/1974 (13-74) appearance of impropriety, conflict of interets, judges, political activity, quasi-judicial Topic: Quasi-Judicial Officer, Limitation on Political Activities Digest: Requirement that a quasi­judicial officer in an administrative agency may not continue in office while a candidate for elective office is not satisfied … Continued

Ethics Opinion 336

NEW YORK STATE BAR ASSOCIATION appearance of impropriety, criminal practice, opposed by defense attorney, prosecutors, spouse-lawyer Committee on Professional Ethics Opinion #336 – 04/25/1974 (12-74) Topic: Conflict of interest Digest: A law firm whose practice includes representing defendants in criminal actions may continue such practice despite the fact that a relative of a member of … Continued

Ethics Opinion 335

NEW YORK STATE BAR ASSOCIATION advertisements, education, lawyers association, newspapers and news media, no-fault law Committee on Professional Ethics Opinion #335 – 04/25/1974 (7-74) Topic: Press releaseDigest: County bar association may inform the public about legal aspects of no-fault insurance Code: EC 2-1, 2-2 QUESTIONMay a county bar association issue a press release designed to … Continued

Ethics Opinion 334

NEW YORK STATE BAR ASSOCIATION acceptance of, employment, legal fees, name, non-lawyer, partnership, representation, suspended attorney, use of Committee on Professional Ethics Opinion #334 – 04/25/1974 (20-74) Topic: Suspension from Practice: Effect on Partnership Digest: Partnership may not continue use of partner’s name or share income earned during period of his suspension. Partnership may continue … Continued

Ethics Opinion 333

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #333 – 03/21/1974 (9-74) adverse interetss, conflict of interests, dual representation, employee, partnership, part-time public official or employee, real estate, representation, town/village Topic: Conflict of interest Digest: Not improper for associate of special town attorney to represent owners in condemnation proceedings by condemnors other than … Continued

Ethics Opinion 332

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #332 – 03/21/1974 (5-74) client’s secrets, communications, confidences, disclosure, legal profession, opposing party Topic: Lawyer’s statement respecting open court stipulation; confidences and secrets of client Digest: Since open court stipulation is not a confidence or secret, lawyer may properly provide opposing party with statement as to … Continued