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April 24, 2020

Ethics Opinion 1186

Opinion 1186 (04/22/2020) Topic: Legal Aid Society; conflicts of interest; screening; definition of law firm Digest: Screening cannot prevent imputation of a conflict under Rule 1.10(a). Certain elements of screening may be used to demonstrate that divisions or projects of a legal services organization constitute different law firms for purposes of the conflict’s rules. But … Continued

Ethics Opinions

April 24, 2020

Ethics Opinion 1185

It is likely an unwaivable conflict of interest exists for a lawyer or law firm concurrently to represent two individuals in separate criminal prosecutions that arise out of the same common nucleus of circumstances in which each client is a witness in each matter.

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March 10, 2020

Ethics Opinion 1184

Opinion 1184 (03/10/2020) Topic: Freelance or per diem attorney; trade names; maintenance of bank accounts and records conflicts Digest: A New York attorney seeking to market services as a “freelance attorney” to provide contract or per diem services to other attorneys or law firms may use the name and domain name Surname Esquire. Depending on … Continued

Ethics Opinions Latest News

March 10, 2020

Ethics Opinion 1183

Opinion 1183 (03/10/2020) Topic: Designated counsel in financing transactions; payment of fees by a third party; exercise of independent judgment; conflicts of interest Digest: A lawyer may accept appointments as designated counsel for underwriters, lenders or other funding sources involved in private equity or corporate financing transactions on the recommendation of the counter-party to the … Continued

Ethics Opinions

January 23, 2020

ETHICS OPINION 1182

New York State Bar Association Committee on Professional Ethics Opinion 1182 (01/23/2020) Topic: Disposition of Wills Digest: A lawyer may not dispose of wills even when the testators’ locations and/or circumstances are unknown. A lawyer must safeguard the wills indefinitely unless the law provides an alternative. Rules: 1.15(c) FACTS 1. The inquiring lawyer is in … Continued

Ethics Opinions

January 17, 2020

ETHICS OPINION 1181

New York State Bar Association Committee on Professional Ethics Opinion 1181 (01/17/2020) Topic: Charging interest on expenses Digest: A New York contingency-fee attorney may impose an interest charge on unpaid disbursements if a written agreement signed by the client fully discloses the terms on which interest may be charged and the terms are reasonable. FACTS … Continued

Ethics Opinions

January 17, 2020

ETHICS OPINION 1180

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion 1180 (01/17/2020) Topic: Professional letterheads and emails Digest: An attorney may communicate with third parties on a client’s behalf using a client’s email address with a signature line that includes the client’s logo and a title indicating that the inquirer is “Corporate Counsel and Chief … Continued

Ethics Opinions

January 17, 2020

ETHICS OPINION 1179

New York State Bar Association Committee on Professional EthicsOpinion 1179 (01/17/2020) Topic: Conducting law practice under a trade name Digest: A New York attorney may not practice in New York under a trade name in New York, even when the attorney’s office is a branch of an out-of-state law firm that is permitted to practice … Continued

Ethics Opinions

December 13, 2019

Ethics Opinion 1178

New York State Bar Association Committee on Professional Ethics Opinion 1178 (12/13/2019) Modifies NY State 678 (1996) Topic: Lawyer as third-party neutral Digest: A lawyer-mediator engaged in providing third-party neutral services is subject to Rule 2.4 but not the Rules that govern the representation of clients. As such, the lawyer-mediator is generally free to conduct … Continued

Ethics Opinions

November 18, 2019

Ethics Opinion 1177

New York State Bar Association Committee on Professional Ethics Opinion 1177 (11/18/2019) Topic: Counseling clients in illegal conduct; medical marijuana law. Digest: The Committee reaffirms its conclusion in N.Y. State 1024 (2014) that a lawyer may ethically assist a client in conduct designed to comply with New York’s medical marijuana law. Rules: 1.2(d). FACTS 1. … Continued